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JEENDA versus PALIA


Civil Procedure Code Order XXI O XXI, R 58, O XLIII, R 1, CL (u) and Section 105 (2) of the scope of the First Appeal Court jurisdiction for the issuance of CPC orders and orders Could not be specified separately. The trial court dismissed the objections against the execution of the order, after the appellate court remanded the objections for re-judgment on the merits of the trial court, in the appeal, against the trial court's order, The appellate court, which remanded the case before, took the case of failure to comply with the terms of the injunction on Case 6 of 1966 (ie the last date for allowing the holder to submit the statutory amount). Later dismissed. That all the proceedings by the appellate court, including the remand and post-remand proceedings in the previous proceedings, were misconstrued and made inaccurate in the eyes of the law, neither the execution court nor the court itself. The remand order can be disregarded, leaving the decision appealable. And this resulted in the trial court's remand hearing being dismissed, the absence of his appeal prevented the challenge to its validity, and Wendy accepted the decision and appealed the remand. And did not appeal. The negative order was barred from questioning the validity of the order in favor of the ruling ruler; the decision of the first appellate court in the post-remand proceedings was set aside, and the trial court rejected the objection. Implementation was maintained.

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