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MUHAMMAD ISMAIL versus MUHAMMAD ASHRAF


Application under Section 12 (2) and OI, R10 Constitution of Pakistan, Article 199 Constitutional Request Section 12 (2), the CPC revised the necessary party scope for rejecting the decree of consent. Record the proof, to determine the direction. And send it for judgment also. The suit suit land was allotted under the eviction tenant scheme and its ownership was allotted to the provincial government only and the provincial government was not made a party to the defamation trial court. However, it was ruled out. Under section 12 (2), the CPC recorded the facts without recording the evidence. Thus the material encumbered is bound to examine the order of the trial court as a supervisor and as an appellate court. But not if the reviewing court was of the opinion that the evidence was necessary for the recording, then the case was to be remanded for that purpose and the decision was also made on merit review. The court had no jurisdiction to give evidence to the trial court. Be directed to record and send it to the judgment, and by doing so, Do not discuss who was unlawful decision to exclude the owner of the land. In the eyes of the law and this aspect of the case was ignored by the trial court, the same was allowed by the amending court constitutional petition and the unrelated orders were set aside and after the formation of the case and recording the evidence, After the hearing, the trial court was remanded for a fresh verdict.

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