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MUSA KHAN versus BAKHT MINA


On the basis of the dismissal of the appeals XLI, R1 and Section 115 of the plaintiff's appeal from the original decree of Code XLI of the CPC Act, the order was not challenged on appeal grounds, pending the appeal. The justification decision was linked to the basis of the appeal and such fact. O XLI, R 1, the CPC was substantially compliant, except that the appellate court's office was barred by judgment and order rather than a restraining order on appeal, however, the appellant's negligence for appeal Should also be participated in a way. PASS: The verdict was initially returned after its offer to alter errors by replacing the decree, but after this was not done, the appellant could not be punished to the extent that it An appeal filed by can be disqualified. Therefore, the absence of a challenging order in the appeal memorandum was not fatal, and the appellate court's decision on the hearing of this appeal did not immediately dismiss the plaintiff's case. Was reversed and his remand for re-adjudication of its affairs was obtained

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