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KHUDA BUKHSH versus KHUSHI MUHAMMAD


AXX, R 5 and O XLI, R 23 Specific Relief Act (I of 1877), Section 42 Suit Announces Trial Court's Decision on the Inheritance Dispute Between Pending Parties for 40 Years, but the Appellate Court The case was remanded to re-write the matter again. The decision to require a separate decision was jointly made by the trial court. The joint decision of the respective and allied matters relating to the same matter will not affect the merits of the case, there may be no reason for the remand of the case to be adjudicated or the decision of the matter on mutual issues. If the court deems it necessary, the court may decide the matter on a case-by-case basis, and then decide on the basis of the available evidence or obtain further evidence, but such timely remand is a waste of time and litigation. It cannot be a matter of creating frustration between. Out of date matters should be decided on competence and technical skills should be avoided based on the evidence available on record.

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