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SYED LAILA versus RAJA ASGHAR HUSSAIN


Article 71 Civil Procedure Code (V8 1908), O VII, R 11 The plaintiff filed a petition under O VII, R 11, CPC for the dismissal of the plaintiff, which the trial court appealed and dismissed. Had done. The petition against the order reversed the order and the plaintiff filed a writ petition against the order of the Court of Appeal under which the approval of the validity of Oh VII, R 11, CPC was compulsory; The first duty of the court was to examine the plaintiff. The purpose of the determination, whether the plaintiff is rejected under oh VII, R 11, CPC where the provisions of O VII, R 11, CPC are attracted, cannot be dismissed, but the plaintiff must be dismissed. The grounds provided under O VII, R 11, CPC were legal and technical in order to rule out obesity and should appear on the face of the plague O VII, R 11, in conformity with CPC. Will be rejected either by the Opposition or the Court of Appeal itself, taking notice of the plaintiff's legal weakness and dismissing it where the matter can be tried on any factual or legal issue. Requires trust, the claimant should not be rejected, but the party will be allowed to reject a case. The prosecution does not have the power to pass judgment on the merit, the plaintiff can file fresh salt for the same reason the appellate court neither discussed the grounds provided for the plaintiff's dismissal on these grounds, nor the plaintiff on those grounds. Was rejected, the appellate court on the bill considered the merits of the errors and eventually dismissed the case instead of the plaintiff, requesting the applicant to file fresh suit for the plaintiff's rejection.

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