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MALIK AHMED NAWAZ AWAN versus FARIHA MALIK


Section 5, Schedule and Section 14 (3) Civil Code of Conduct (v. 1908), O VII, R 11 Constitution of Pakistan, Article 199 Constitutional Petition Restitution suit to increase the amount of restitution The plaintiff's dismissal in the constitutional application The petition was filed against a provisional order of the Family Court under which the application for denial of its injunction was denied. The defendant's position was that the law should be filed to increase the amount of restitution of the case. There is no provision when this case was decided by a competent court in the past. No evidence of a previous case of law was on record The defendant's main point was that the present case was not sustained because a lawsuit had already been ordered for the care of the minor, a fresh suit was barred by law. It was imposed that minor care could be increased. To be filed and then the principle of the judiciary did not apply. Defendant's position was not based on legal reasons. The petition filed by the defendant for the rejection of the plaintiff was rejected as a provisional injunction, under the provisions of section 14 (3) of the West Pakistan Family Courts Act 1968. No appeal or revision will lie against this order under which there was a constitutional petition against the interdict without interdict. The dismissed plaintiff, however, was not spared as if a decree was finally granted by the Family Court against him, he could file an appeal against the decision and the decree, in which he could challenge the interim order.

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