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MST. ZEBA versus SHER MUHAMMAD


Articles 42 and 54 of the Civil Procedure Code (v. 1908), O VII, R 11, suit for dismissing the defendants as they were unable to file an application under O VII, R 11, CPC. Of the hearing. It was concluded that the case was not sustained on the basis of the said petition and the case was dismissed by the Appellate Court / Majlis Shura, however, having passed the reasoning of the trial, the case was remanded for further judgment on merit, On appeal on the basis of the legal objections raised by the defendants in their written statements, in the preliminary stage, without issue, on the petition filed by the defendants under trial O VII, R 11, CPC. Trial court's order dismissed. The trial court neither made any case nor asked for evidence, nor did the trial court's results be record-based nor legal. NT or prayer such as that alleged by the defendants should not fail in any case as there is no proper description of the property in the dispute, while judging this case in consideration of material considerations. The trial court was obliged to decide on the mere technique, but also on the legal objections as well as the relevant provisions of the law, but the trial court decided on behalf of the defendants. Only the objections were decided on the objections which were excluded from these petitions. The defendants were factual as well as legal, and evidence needed to be sought for the same decision, which was to be considered by the trial court, however.

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