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MUHAMMAD AQIL versus NOOR HUSSAIN


In section 42 Civil Procedure Code (v. 1908), AXXII, R4, in the suit of the death of one of the defendants, the defendant questioned the confirmation of the sale in favor of the defendant that a later defendant had died. The written statement was not filed in the case, but the appellate court allowed the appeal against the trial court's decision and asked the trial court to set aside the trial. The defendants petitioned that the impeachment order is without jurisdiction because the defendants stated in the plaintiff that they said that the defendants also participated in the conspiracy, were not told and The only relief claimed was that only one respondent had contested the suit to be declared invalid and no other defendant had contested the same appeal. The court proceeded to establish the trial court's decision and order on the basis that evidence was registered in the case after his death. A plaintiff's appellate court withdrew from considering certain provisions of OXXII, R4, CPC, which provided that no legal representative of a claimant would be required to enforce the written statement or its The legal representative of was not listed. The wrong order of remand cannot be sustained that is set aside, as a result the first appeal filed by the plaintiff will be considered pending and a decision will be made on its merits.

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