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MUHAMMAD SALEH versus BASHIR AHMAD


Application of Article 164 under Section 12 (2) and O IX, R 13 Demarcation Act (IX of 1908), Section 12 (2), before the trial of the CPC for separation of the preceding party decree The first defendant did not challenge, but he was challenged. Section 12 (2), failed to dismiss the appeal filed by the former defendant under the CPC, before the former party decree, four years after its approval by the former defendant, the appeal for separation of the former party decree Given to the court. This order was withheld when the previous party decree was passed by the trial court, not by the appellate court's appeal to the trial court in connection with the fraud or misconduct that occurred. The matter should be raised before the trial court application under section 12 (2), CPC. Dismissed in circumstances

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