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ALTAF HUSSAIN QAMAR versus IMRAN RASOOL


Section 12 Civil Procedure Code (V8 1908), O xxxix, Rr 1 and 2 Interim injunction Specific performance of contract sale, trial court for exclusion of trial by approval of non-compliance of condition Approved the interim order with a deposit to consider the balance. As a result of the failure to prosecute lawfully, the trial court permanently approved the ruling that it directed that in the event of the failure to submit the remaining value of the plaintiff's sale, The case will be dismissed, it was beyond. When deciding an application under jurisdiction O XXXIX, Rr 1 & 2, the direction to temporarily submit the remaining sale price as a condition for the injunction may be justified, but the trial court does not comply with such requirement. In the event that it could not be directed. The matter will be settled by the trial court before the trial court, which is on the date of the order being dismissed, is to consider passing the decision on the application under O XXXX, Rr. 1 and 2, CPC and the Central case. The date was not fixed and the court cannot raise the question of dismissal of the suit. The High Court stayed that if the following courts were allowed to pass orders with or without. Striking out of their jurisdiction and the parties, the same thing would have been upset with the Civil Procedure Code's scheme, with the 1908 defendants claiming that there was a contract of sale between the parties, which could be specifically enforced. While the defendants refused. The existence of any such agreement, therefore, is subject to litigation

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