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HASSAN DIN versus ABDUS SALAM


The effect of the Supreme Court's decision in the case of Article 199 Civil Procedure Code (v. 1908), Sections 115 (2) and O IX, R 14 Noor Muhammad was reported as PLD 1985 SC 131. Not even permissible is the nature of the defect in the proceedings before the District Judge under Section 115 (2), CPC, but only the illegality of the jurisdiction is grounds for entertaining a constitutional petition. Would not be where the district judge exercised jurisdiction over which he did not have jurisdiction. In the case of reopening the auction sale by putting aside the preceding part decree and thereby endangering the rights of the defendants in valuable real estate, the constitutional petition was properly entertained by the High Court.

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