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ALLAH DAD versus FEROZE KHAN


Specific Relief Act 1877 Section 42 Civil Procedure Code (V, of 1908), O II, R 2 Second Case The principle contained in O II R 2, the cause of action in the second case for accusing the plaintiff after the dismissal of his former case. The Civil Procedure Code, 1908, for the simple reason that the plaintiff could not be found in possession of the property, because of the dismissal of the previous case and the reversal of his permanent injunction There will be no restriction which will cause action in the matter thereafter. It will be considered only that he made the accusation against the plaintiff only after the dismissal of his earlier case, from the fact that the plaintiff had erred in the previous case relating to the facts of possession. R 2, will not bring the civil code into disrepute. Thus the post-1908 case for possession was found to be retained

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