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ANWAR TEXTILE MILLS LIMITED versus PAKISTAN TELECOMMUNICATION COMPANY LIMITED


Section 23 and the first schedule, Article 142 of the Specific Relief Act (of 1877), the Term Scope suit for infringement of section 8 property, the claimant (appellant) filed suit against the plaintiff company in 1985 claiming that It has been reported that the latter was illegal and forcibly crossed his land and built something on it. The plaintiff alleged that because of the assurance that the defendant would be compensated by the company, he did not pursue his case, which was dismissed on August 9, 1988 for illegal prosecution. The respondent company failed to meet its assurance, which led to its second lawsuit against the respondent company in 2001. The second case was not barred in time because the current case was one of the reasons for the continued violation of the terms of section 23 of the Limitation Act, 1908, so at every moment there was a fresh limitation period available to the defendants during which the defendant company continued. Contends that the plaintiff's property was controversial and alleged that he purchased the disputed property from the provincial government, and that he did not provide any assurance to the plaintiff during the previous trial, and that the plaintiff's Second case filed by expectation was withheld from expiry, second case by plaintiff was ordered by trial court The ruling, which was upheld by the first appellate court high court, puts the court's decisions and decrees aside on the basis that the second case was barred from postponement if the plaintiff had to defend the defendant in any way If assured, the most appropriate and logical way to deal with a previous case would be to apply, either to the plaintiff or two.

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