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199 on the Structure versus the judgment of Court docket or Tribunal of decreased jurisdiction could not superimpose its feeling, simply because in its impression the decision of Tribunal/Court docket was wrong---Fundamental right of a party confirmed less than Artwork. 23 from the Constitution couldn't be sacrificed from the social gathering who had by now exhausted his constitutional defense underneath Art. four with the Structure by availing the solution offered beneath the appropriate law---Superior Courtroom directed the petitioner to vacate the demised assets in 30 days---Constitutional petition was dismissed accordingly.
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----O. VI, Rr. two & 4---Pleadings usually---Apply of counsel/lawyers positioning on history several documents which these types of counsel/lawyer did not even make reference to in the course of course of arguments or usually and this kind of documents weren't part of their unique document wanted in aid in their pleadings---Significant Court noticed that these observe was on account of The explanation that counsel/lawyer/ desired to give an impression towards the court docket that the case filed by them was an essential 1 requiring fast consideration; which exercise was versus The fundamental rules of pleadings for being submitted in courtroom under O.
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12(2), C.P.C. to set aside the initial ex parte judgment by saying that she was proprietor of the topic home on The premise of the agreement of sale with legal heirs of authentic proprietor---Perusal of her created assertion showed that after placing apart of decree she had given up her claim on the subject property on the basis of sale agreement; she didn't mention in her penned statement that primary owner was survived by 3 daughters Which she experienced acquired topic residence nor did she manufactured a counter prayer for declaration of possession of accommodate house---Mentioned Girl experienced not filed any unbiased proceedings for trying to get declaration of ownership of subject assets---Authentic reward deed in favour of grandson of unique owner was made by plaintiff---Primary present deed while in the palms of plaintiff was much more potent and cogent proof of title in comparison with the so-termed electrical power of lawyer which was executed by unidentified daughters of initial proprietor---Second attraction was dismissed, in conditions.
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