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FEROZ HUSSAIN versus EXECUTIVE ENGINEER, MITHRAO DIVISION, MIRPURKHAS


O VII, R 11 (d) Trial of Trial of Trial of Trial and Lower Appellate Court dismissed the plaintiff by the plaintiffs on the basis of the probable cause raised by the plaintiff. The question of demarcation was a mixed question. It cannot be decided without the recording of the law and the facts and evidence. The ValidatiD plaintiffs specifically stated in the lawsuit that they knew of the change in the RM section a week before the lawsuit and had no opportunity to deny such statements to the plaintiffs. As such a statement was also disputed, the issue can be resolved only by framing the point of limitation and for all parties to add their own evidence and to resolve the matter through legal statement and debate. This can be resolved only if proven or invalidated in the manner provided below. As included in the orders of the two courts below, as it is a full dress trial, the lower courts have to resolve the facts of the dispute at the time of the decision of the application under such procedure O VII, R 11 and the facts and In order to decide the common law questions, the CPC was affirmed by the High Court that was approved by the High Court approved by both the courts.

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