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1979 SCMR 338 SUPREME-COURT

Supreme Court · 1979

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AHSANUL HAQ VS ABDUL RAHIM Code of Civil Procedure 1908--99 , ---S. 13 (3) (a) read with Civil Procedure Code (V of 1908), S. 99Plea regarding provisions of Civil Procedure Code, 1908 being applicable to cases under Ordinance VI of 1959-Misconceived-Provisions of Civil Procedure Code, 1908 even if supposed to be so applicable, plea, held, would be hit by S. 99 of such Code and order of eviction liable to be set aside only if failure to file separate application for ejectment in respect of each tenant of building shown to have caused prejudice to their case-No prejudice shown to have been caused to tenants by filing a joint eviction application, plea, held, devoid of merit.-[Prejudice].