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MARYAM BIBI versus CUSTODIAN, EVACUEE PROPERTY, PUNJAB, LAHORE


Request for Approval of the Declaration of Pakistan (Administration for Evacuation Property) Act 1957 Section 22 Civil Procedure Code (v. 1908), Section 11 Constitution of Pakistan (1973), Article 185 (3) in which the above mentioned properties were not vacant. Was rejected and such property deemed to be the redemption property, another application was also filed before the Custodian but in that case it was dismissed without going into the merits of the case, The hearing of the constitutional petition against the order was dismissed by the judicial petition. The appeal was validated by examining whether all the conditions of Race Judasta were satisfied so as to justify the dismissal of the applicant's appeal by the Custodian, and also the question of whether the High Court had considered the merits of the matter. Was rightfully refused to investigate. The technical ground under which the applicant did not independently challenge the order of Custodian dated 7 12 1964, despite the fact of his supervision. The case was pending outside the application filed in 1958 and dealt with in 1984

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