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KHAIRO versus MUHAMMAD YAKUB


Return of CPC Civil Procedure Code Order XXIII and Adjustment of Suits O XXIII, R 3 Constitution Pakistan (1973), Article 185 (3) The plaintiff withdrew his case in the first round of litigation in the case of private settlement. After which the plaintiff in this case escaped. That the parties had appointed an arbitrator who assured him that he would settle the matter and the plaintiff withdrew the case after which he withdrew from his first contract and the plaintiff proceeded to prosecute the matter. I expressed my disqualification when the plaintiff withdrew the matter. The matter was to be resolved by the arbitrator, but due to the defendants' conduct, the arbitrator could not proceed on the issue, so it appears that his new cause has led to the claim and the court's case in the earlier decision. Was escaped notice of which was technically dealt with. In the first round of litigation, the appeal was allowed to be considered, even if fresh suit was banned under the law.

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