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NAIK ALAM versus MUHAMMAD YASEEN


The application for the execution of the claimant left in the appeal was not allowed and the appeal was dismissed because the appeal was dismissed because Oxley, RR 4, 33 and 20 did not join any of the defendants in the appeal. Was not created from. A claimant can successfully challenge a decree passed. The Joint Suit Plaintiffs who filed the Appellants could not force the other Plaintiff to enter the Court of Appeal with them, under OXL, R33, under the Civil Procedure Code 1908, to pass a decision on the appeal. Eligible, even if the party did not challenge the decree and was not even a party who did not join the appeal before the court plaintiff, but in fact challenged the decision. There was no party required for the decree. In this way the appeal cannot be properly constituted. But as a party involved in the appeal of the partner plaintiff's expulsion, however, a copy of the Declaration Sheet deliberately for his name and the decision to file an appeal to the other plaintiffs were not disclosed. Question Under the provisions of the Appellate Court, XLI, R20, Civil Procedure Code, 1908, the jurisdiction has the jurisdiction to apply to the party required to appeal even after the expiry of the limitation period, so the appeal as a party The refusal of the petitioner to enforce the vacancy, resulting in the abortion of justice

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