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SYED NAZIR HUSSAIN SHAH versus MIR HUSSAIN


Sections 4 and 6 Civil Procedure Code (v. 1908), O VII, R 7 & O XX, R 5 The pre-purchase decision on each case for pre-arrest was dismissed on the grounds that the scope suit was dismissed. Was not looking for During the trial, the legitimate plaintiff was expelled from the underground, no matter was settled by the trial court application at the site of the trial in which the claim for possession of the title and the claimant's claim clause were filed. But the same reason was dismissed for no reason, because formal modification of the case was not necessary as the facts were not disputed The court was obliged to administer the law to eliminate justice in order to preserve the legal stability of the matter. In such cases, the judicial decision will be handed over to the court for judicial use Was. In order to avoid a great deal of action and shorten the litigation, the court was authorized to grant relief for which it was not specifically prayed for, or it could grant relief on the ground. The plaintiffs relied on the case even if the case was not consistent with the plaintiff's case and his relief was not a factor of surprise, which could have led the court to pass through the law and the subsequent events Can also be kept at the same time. In the present case, the plaintiffs sought orders for the right of advance purchase on a registered basis which was proved by them and they also prayed for another relief under which they were entitled to receive relief. The case was not inconsistent. The above has been changed by the plaintiffs

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