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SHUKAR DIN versus NAZIR AHMED

The Code of Civil Procedure 1908 Sections 96, 115, OX, R6 and O. XXXIV, RR 7, 8 and 9 sued the mortgage leaders for a declaration that 60 years had passed. He has since become the sole proprietor of the mortgaged land. After consolidating both suits, the trial court filed a parallel case against the mortgage against the mortgage, and the mortgage appellate court was dismissed. Was down on filing a mortgage appeal against the trial court's decision. Under the trial court mortgage order, the appellate court's decision was challenged before the High Court for review and four times disputes arose, first, in a mortgage litigation case, consisting of two orders in two suits, The appeal was challenged, the second order so the challenge was finalized, thus the mortgagee was completely excluded from any relief, and secondly, if at all, a decree was issued. If OX, R6 and OXXXIV, Rr 7, 8 & 9, according to the spirit of CPC, should have had only a preliminary interpretation, the record indicates that the appellant below The decree, which was challenged before Wert, was a comprehensive one and the mortgage order was decided under the same decree and mortgage cases were dismissed, even if in another case, another copy of the decree was filed. Was not routinely followed and if the copy of the decree was not included with the grounds of appeal, it would not matter when a comprehensive decision was adopted and challenged. Settlement of appeal on the merits of appeal, irregularities and technical capabilities of the Code top advocate from FR Peshawar lawyer