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KHAN MUHAMMAD versus ADDITIONAL DISTRICT JUDGE


The appearance and non-appearance of the CPC of the Civil Procedure Code Order IX resulted in O IX, R 13 & Section 16 Constitution of Pakistan (1973), Article 199 neither objected to judicial jurisdiction nor before the trial court. Nor did the reviewer appear before the trial plaintiff, who had appeared before the trial court without any protest and reservation, and he himself filed the review before the district judge, although the assessment of the subject matter was beyond the legal limit. Such an objection cannot be allowed for the first time before the High Court in its constitutional jurisdiction. It is at the discretion of the High Court under the constitutional jurisdiction, even if the plaintiff who is facing a legal defect is discharged from his conduct or to grant any relief on the principle of stoppel.

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