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MUHAMMAD LATIF versus MUHAMMAD IQBAL


Civil Procedure Code Order II, R1 (3) of the CPC Frame of Suits O 11, R 2 and O XXIII for the first suit without the permission of the court to file a fresh suit. Subsequent litigation effect in terms of Rule 0 11, R 2, CPC, it was necessary to include the entire claim and all relief against the defendant in relation to the cause of action and if any part of the claim was dismissed, No subsequent action will be entitled to such relief. The plaintiff relinquished the earlier claim for recovery of possession, leading to a date when the plaintiff was withdrawn by modification, when the defendant moved the case without the court's permission to bring a fresh case. Withdrew, his claim was abandoned. In the sense of 0 11, R 2, the CPC trial court has rightly determined that a second case will be withheld. The appellate court below erroneously revoked the trial and trial court's order while the appellate court was set aside in the circumstances.

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