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MUSHTAQUE AHMAD versus ABDUL HAQUE


Section 42 Limitation Act (IX of 1908), Section 20 (2) Civil Procedure Code (VV 1908), O XIV, Rr 1 and 3 Appellate Court have been claimed to be ineffective. That become the absolute owner of the claimant. Prescription trial court disputes judgment in favor of the defendants, appeal for the first time during appeal before the Court of Appeal for appeal of section 20 (2) of the Limitation Act, 1908, and the case is dismissed. The validity party was barred from raising an entirely new petition before the appellate court, which did not provoke a full jurisdictional court, no matter was settled by the trial court over the alleged dispute. Had not filed a request to amend the matter. No such petition was raised in the written statement of the defendants; no matter the appellate court could be made without accepting the important aspect of the case, proceeding only to section 20 (2) of the Act 1908. On the basis of the results, the Appellate Court should not have allowed the defendants to raise the petition for the first time when no application was preferred even before the appellate court's decision and the order was approved. The appellate court was set aside and the trial court's reinstatement restored

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