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MUHAMMAD AYUB versus MUHAMMAD AFZAL


NWFP Pre-Emission Act 1950 Section 13 Civil Procedure Code (v. 1908), OX, R14 and Sections 151 and 152 Constitution of Pakistan (1973), Article 199 Two suits for property nine were consolidated before respondents. No. 2 was decided and the respondent was not answered, Respondent No 2 did not submit premature expenditure so his case was dismissed by Respondent 1 against the dismissal of his case. Filed an appeal but later withdrew and rejected the application under sections 151 and 152. Ruling on the case and its favor and ordering the trial filed to determine the superiority of the pre-emptor (Respondent 2) In the review it was ordered that the trial court has become a fact officer in this case. And is not eligible to use the options under this section. 151 or Section 152, headed by the CPC, the trial court passed the order in favor of the defendants No.2, respondents were declared exempt under the preparation of the over-the-right of L, R 14 (2), CPC Was required to make the judgment entitled to both rival pre-emperors and to take the course pursuant to OXX, R14 (2), the CPC trial court had thus acted unlawfully and terminated the wrong order. The Constitution's jurisdiction did not interfere with the trial court's fair and equitable justice

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