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MAQSOOD AHMAD versus MUHAMMAD ASHIQ


In the case of litigation under section 42 litigation proceedings, the trial party delivered a decision under which the parties agreed that if the plaintiff pays the plaintiff Rs 1.5 million by the due date, then the plaintiff's case will be dismissed. The defendant's case will be dismissed in the defendant's case. Failure to make the payment, the suit will be deemed to have been rendered a decision The defendant has failed to pay until the agreed date. The trial court adjudicated the claim accordingly. During the execution, the defendants filed objections which were accepted by the executive court plaintiff against the order to accept the objections, the defendant of the appellate court claimed that the execution court had accepted the defendant / his Does not have the power to entertain. He claimed that he had purchased the pay order which he had delivered to the plaintiff, according to the confession, after the due date, if the defendant had handed over the payment order to the plaintiff, he would have received the pay order for approval. Should have received a receipt or counter file attached to it. The defendant was obliged to prove by the beneficiary's independent evidence that he had delivered the pay order to the plaintiff by the due date or before which he could not, therefore, pay the trial. I could not forgive the failure of the court to issue the objection to the plaintiff's objection under unanimous time, however, this was not the case. After the Honorable Court when the Implementing Court decided all disputes between the parties to decide on the decree, the reason for being a conditional

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