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MISS AMY J. KING versus KHALID AZIZ


Section 12 Civil Procedure Code (V8 1908), O XVII, R 3 The trial court for possession by special performance restrained the plaintiff's right to present evidence and the appellate court appealed under section 115, CPC Deleted. While the trial court allowed the defendants ample opportunity to present their evidence, the facts stated in the plaintiff did not create any possibility for the implementation of the agreement. In favor of the plaintiffs, therefore, obtaining a case remand and forcing the parties to resume proceedings would not be appropriate and the appropriate amendment was excluded in the circumstances.

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