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HASSAN AKHTAR versus AZHAR HAMEED


O XXIII, R 1 & O XLI, Rr 22 & 33 Fresh case to be withdrawn without permission to file Impact Appellate Court, Plaintiff's authority filed two cases in which relief proceedings and pre-arrest by arrest Was summoned, later relieved of the declaration. And the relief was limited to the recovery of possession by mere hassle, after which the plaintiff withdrew both suit and filed two new cases for cancellation of the sale deeds, trial trial, court So, R1 (3) dismissed the most recent cases prohibited under CPC Lower. The appellate court recorded that the suit was not barred under 0 XXIII, R 1 (3) CPC and no appeal or cross-objection was made by the plaintiffs, as well as the trial court's handling of the cases. The trial was going on. Be aware of the fact that the claim for declaration has been abandoned, therefore, after the ban is imposed under O XXIII, R 1 (3), the subsequent suit will be rejected, the CPC party appeals. Can support a reduction in Even under the circumstances which were found by the subordinate court against OO XLI without filing an appeal or cross-objection, the C22CPC appealed the Court to the OLI, R33CPC It also had the authority to approve or make an order. Approved or despite the fact that neither party had filed an appeal or objection as both suits had been targeted by OXXII, R 1 (3) CPC, the High Court did not consider any of the merits of the case. Also declined to record information. Dismissed in circumstances

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