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MUHAMMAD ASGHAR MALIK versus AUQAF DEPARTMENT.


Special Relief Act 1877 Article 131 Specific Relief Act (1 of 1877), Sections 12 and 42 of the Civil Procedure Code (v. 1908), OVII, R11. Article 131 of the Development Authority Order, 1957, was declared compulsory before the institution. Failure to comply with such provision of law was the result of the plaintiff's failure to take notice under Article 131, Karachi Development Authority Order, 1957, and in such a case was able to dismiss the fact that any such The request was not taken and no petition was filed by the defendant for the rejection of the plaintiff for non-compliance with Article 131 of the Order; the Court will not exercise its discretion under O VII, R 11 ? , The CPC Court has a preliminary and imperative to examine the plaintiff at an early stage and to see if it has been withheld by any law, when it appeared in court that the case was banned. Was the duty. Subsequently, in the absence of any request from the defendants, the red claim should be rejected. Thus, the plaint was rejected for non-compliance with Article 131, Karachi Development Authority Order, 1957.

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