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DR. SYED MISBAH-UZ-ZAFAR versus MST. ROOHANA


Sections 8, 39, 42, 54 and 55 Civil Procedure Code (v. 1908), Exxon XX, RR 1 and 2 Suit, Cancellation of Sale Agreement, Order of Transfer, Declaration, Declaration of Mandatory and Permanent Order, Balance Sale Consideration And the plaintiffs are requested to recover the loss of Rs 15,00,000 and move the case to the defendant, while the defendants have promised a balance amount of Rs 1,35,00,000. The notice processed that if the defendants failed to pay the same amount, the forfeiture would stand and the plaintiff could claim a retransfer of the plaintiff in his name. In order to prevent the defendant from generating third party interest in the suit plot, the execution of the valid contract was made by the parties until the hearing of the petition. No document was kept on record to show payment on the balance sale except that the plaintiff who appears to be recovering Rs 1,35,00,000 in cash cannot be believed, especially in the city of Karachi. Such a large sum of cash was received, the dispute involved could not be resolved without recording the evidence. The plaintiff's case was already there and the balance of the facility is in his favor as in the case of refusal of order. It has irreparable damage. Such an application was accepted in the circumstances \ r \ n

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