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ZARDAD versus HAIDER SHAH


Civil Procedure Code Order XXIII of the CPC Withdrawal and Adjustment of Suits OXIII, R3 Constitution of Pakistan (1973), Article 185 (3) Applicants / Defendants, in response to the Defendants / Plaintiffs assigned a specific land Agreed to give the piece. The court in this case passed the order on the basis of a statement which sought to alter the respondents and could not succeed on the basis of the statements of the parties as per the unanimous order in the previous case. Applicants filed a new case for possession, which was rejected by the trial court and the First Appeal Court High Court, in the second appeal, the piece of respondents' suit / legitimate piece of land that the applicants had previously filed. The claim was promised to the defendants as the reasoning finding by the High Court against the applicants in question in the present case was also recorded on the question of the applicants claiming that the defendants were in possession of the land in the earlier case. His claim about not giving up his existing suit land Were not obliged to. Respondents denied further part of the fact of the statement, further stating that the respondents' previous case was dismissed in respect of this land. Therefore, even the respondents did not raise any claim or control over the said land. The respondents will not be interested in any claim, right or precedent in this matter, as such explanation and observation was without any power and was rejected.

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