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MUHAMMAD SALEEM versus MUHAMMAD TARIQ


Section 12 and 56 Civil Procedure Code (v. 1908), O II, R2 and OXXIII, R1 Specific Performance of the Contract for Sale of Defective Relief Exclusion Impact in the Existing Suit The Plaintiff Has Withdrawn the Existing Suits ? A second case was filed for the specific performance of the contract to sell to the trial court with regular defect and court permission, but later the lower appellate court ruled in favor of the plaintiff that there was no formal defect in the first case. Therefore, the case could not be later filed and the facts could not be applied in the earlier case. Then the validity bar contained in O II, R: 2 did not apply where relief was disqualified in the first suit. Or that it was stopped by section 66 only. In the case of violation of the Treaty of Specific Relief Act, 1877, the declaration and injunction could not be relieved and the specific performance was the only appropriate and effective remedy. As for rights, the question to be considered was controversial and varied, but the question itself was raised and related to the nature of the case and, as such, if the claimant had to make a claim on the basis of a sale agreement, So he had no choice but to come back after the declaration and withdrawal of the previous case. If the claim for performance, if any, the cases and evidence had to be independently decided by a trial court through a judicial examination of the evidence, there was no regular defect in the previous case or the subsequent case. Was not sustained, the scope of appeal

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