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NASIR SALEEM versus HAJI LATEEF HAJI SHAWOO


Claims 12 and 42 of the Civil Procedure Code (V8 1908), O IX, R 6 were invalid on the preceding injunction because no written statement was filed by the defendant, the defendant at trial Directed to be entered in affidavit / proof. Partial evidence was also presented along with relevant documents and the original document was directed to be presented. The plaintiff filed his affidavit in the evidence / ex parte evidence and submitted the original documents for verification which was seen and after the confirmation the plaintiff. Was returned as was the earlier evidence filed by the plaintiff. The defendants neither examined the plaintiff nor presented their evidence nor denied their evidence so that the plaintiff proved their case. And in that case he was entitled to relief from the specific performance of the contract sold to one of his father. According to the family settlement, make changes to the suit property in the name of the plaintiff, which T had approved, having pronounced the judgment of the first suit and rendered the judgment accordingly.

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