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BASHARAT ALI versus MUHAMMAD ANWAR


Article 42 Civil Procedure (V of 1908), Sections 115, 151, OI, R, 10 and OO XLI, RR 4, 20, 33 Constitution of Pakistan (1973), Article 185 (2) (D) (E) Suit for Plaintiff's claim for dismissal of suit change made in favor of the defendant by the plaintiff in the plaintiff's case, irrespective of the plaintiff's right and ineffective, by the trial court, seven of the eight defendants Order of filing an appeal In case of such prayer, the Court of Appeal filed a review petition against the seven plaintiffs by the plaintiff in the petition before the High Court under OI, R 19, O XLI, R 20, CP Have read with C It will be implemented, such as the plaintiff in the eighth revision of the party. Given that the eighth plaintiff was not a necessary party to the review because the trial court's decision against them was final, the High Court dismissed the request for review without timely discussion of the merits of the case. ? The dispute of accuracy was common because the suit mutation was affecting all the plaintiffs. The appellate court, without exception, allowed such a prayer, which could be made under OXLI, Rr 4, 20 and 33, CPC, As a result, the suit mutation was canceled and the property returned. The plaintiff has inherited all the plaintiffs and their legal heirs. The eighth plaintiff also benefited from the appellate court's order, and the cancellation of the trial change made her the rightful owner of the property to the extent of her share. Due to such misunderstanding or misunderstanding, the applicant could not add such eight plaintiffs to the review, O XLI, R 20, OI, R 10 and section 151.

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