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MST. NAZAR BIBI versus IMTIAZ HUSSAIN


Section 12 suit for special performance trial court accepted the appeal by the appellate court and heard the verdict. The High Court previously had all the powers to look at the legality of the decision rendered by the appellate court and failed to prove its execution. The alleged payment of the contract was not predicted by firm evidence, nor was it mentioned in the contract for the sale of the script, the trial court in its presence testified. The signatures and thumb impression denied that the sale agreement had been disclosed. In order to be fraudulent, the appellate court, ignoring the facts and evidence of the case, accepted the trial court's decision and order aside, though the appellate court's ruling and order were set aside.

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