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MUMTAZ ALI SHAH versus SULTAN


The Code of Conduct 1908 Section 11 Constitution of Pakistan (1973), Article 185 (3), by a divisional trial, did not come into the trial's merits and the case was again settled on the basis of a judicial court. The High Court ruled on the merits of the plaintiff's case that the nature of the case before it and the subsequent suit was quite different. Subsequent litigation for divisional possession was completely restored on the issue that contained relief. The extension of the rule of the judiciary again by the trial court, thus, was a matter of misunderstanding of the High Court and the first appellate court against which no interference was guaranteed.

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