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JEWAN versus HASSAN MUHAMMAD


CPC Civil Procedure Code Order XXIII Withdrawal and Adjustment of OXXIII, R1 (3) and O11, R2 Constitution of Pakistan (1973), Article 199 Two previous cases by the plaintiff, Court of Appeal allowed Without a third suit, the latest case was dismissed because the same case faced the provisions of OAXI, R1 (3), for the same cause of action between the same parties. The CPC was recently banned from applying for a lawsuit, the legality of the change was challenged and an attempt was made to declare that the defendant's rights were violated. It was invalid and irrelevant and thus was not affected by the provisions of OXXIII, R 1 (3), before such variation has been affirmed. By filing the previous case, the plaintiff could challenge the same in previous cases. , But refusing to prosecute in connection with such a mutation will prevent the case from being pursued in the matter under the provisions of Rule 11, CPCCO. In this way, any legal weakness which has not been identified on the decision of the first appellate court of BE, the constitutional application was dismissed, without merit.

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