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RAJAB versus MANZOOR


CPC Parties Civil Procedure Code Order II Suits OI, Rr 3 & 10 (4) Enforcement of Defendant's Legal Inheritance, One Defendant Has Died and Plaintiffs filed for Enforcement of the Defendant's Legacy The application was rejected by the courts under ground. That the defendant had already died before the institute, the same case was registered against the deceased person's legal heritage, and in their absence, the case cannot be decided. Whether or not the case was going on before or after Ali was a factual question. The decision was to be decided by the trial court on the basis of the evidence contained by the parties; the legal heirs of the deceased were essential parties whose absence could not be decided on the matter, the two questions must be separated and interlinked. There were, in trial, error. The defendant also committed an error in rejecting the request of the court to record the legal heritage of the deceased defendant while rejecting the review, along with the trial court's decision of the trial court, along with the trial court's error. The petition against the decision was invalid and could not be sustained.

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