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MUHAMMAD SAEED versus MST. SHAMIM AKHTAR


Against the remand order for specific performance of the contract in Section 12 Civil Procedure Code (V8 1908), O XLI, R 23, O XLIII, R 1 (4) and O XXVI Qunun e Shahadat (Article 10 of 1984) The appeal order was dismissed by the trial court, but the appellate court allowed the trial court to file an appeal against the trial court on remand, after recording the evidence of the parties in accordance with the law. He directed the trial court to decide on its merits, which was appellate before the High Court verdict, and the trial court adjourned the case. Based on the report of the Commission, the referee in this decision approved the appellate court's opinion. Breath used two separate terms of the referee and the local commission, while different rules for dealing with the two men mentioned above were assigned to the referee under Article 33 of the Convention, 1984, while OXXVI, CPC. The contract appointing the local commission appellate court correctly observed that the trial court erred by combining both the referee's and the local commission's terms. It was a material illegal act, not an irregular one, not curable for unlawful interference in the trial before being properly / properly settled by the appellate court through an invalid judgment by the trial court. Will be demanded.

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