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SHER MUHAMMAD versus KHAWAJA MAZHAR


On the basis of section 12 (2) and OIX, R13 ex parte decree dated 14 2 1985, the first application under OIX, R13, CPC, dated 24 11 1985 It was filed that the defendant had received the knowledge of the decree 10/12 days. Earlier, in another pending case by his lawyer, he dismissed the first application for illegal prosecution on 12-12 through 1987 and the second application under section 12 (2), without interruption. Filed on 11 5 1989 based on the same source of knowledge. Section 12 (2), due to the limitation and satisfaction of the application under CPC, cannot deal with the merits or demerits of its case. Was aware of the ex parte decree and both petitions were time barred. The second petition was banned because the defendants benefited from their treatment under O IX, R 13, CPC The second request was dismissed in the circumstances

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