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Civil Procedure Code, 1908 (V of 1908)-- ----O.XLI, Rr. 23 & 23-A--Constitution of Pakistan, 1973, Art. 185(3)--Suit for cancellation of agreement and suit for specific performance of agreement were filed--Appellant's suit was dismissed whereas respondent's suit was decreed--Suit for specific performance was remanded--Assailed--Matter in the suit for specific performance remanded for decision of the suit afresh--Validity--Held: Remand of the case would not be lightly ordered and if evidence on record is sufficient then the appellate Court should decide the case itself--Order of remand reopened another chain of litigation which entails wastage of public time--Disposal of the cases, involved unnecessary expense of the parties and these vices were seriously deterimental to justice system--Further held: If in pursuance of an order of remand the subordinate Court decides the case, on appeal against order of remand does not become infructuous which has to be decided on its own merits and the post remand decision will be subject to final decision in the pre-remand decision. [P. 373] A & B PLD 1962 Dacca 564 and 1997 SCMR 524 ref. Civil Procedure Code, 1908 (V of 1908)-- ----Judgment of a Court, is to be in accord with the findings and in case of conflict, the same Court or the appellate Court has jurisdiction u/S 152 CPC, and even, under inherent powers to bring the operative directions of the in accordance with the findings therein--Appeal allowed. [Pp. 373 & 374] C Judgment Syed Jamshed Ali, J.--Civil Appeal No. 58/2000 has been filed against the judgment and decree dated 11.11.1999 whereby the suit of the respondent, subject-matter of R.F.A. No. 188/1999, was remanded to the learned trial Court with a direction to determine Issues Nos. 10, 11 and 13. The facts of the case are, briefly, noted hereunder. 2. Habib Ullah, the appellant, and Azmat Ullah the respondent are real brothers. On 8.4.1994, the appellant executed an agreement to sell his house for a consideration of Rs. 6,50,000/-, received an earnest money of Rs. 1,50,000/- while the balance had to be paid till 7.4.1995 which was also the date for completion of the transaction. On 29.1.1995, the…

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