Law: Civil Procedure Code (V of 1908)

Section: O.XLI,Rr.23,27,115

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--- ----O. XLI, Rr.23, 27 & S. 115---Constitution of Pakistan (1973), Art. 185(3)---Additional evidence in rebuttal, production of ---Revisional jurisdiction of High Court---Remand of case by Appellate Court for second time---Setting aside of remand order---Suit was decreed in favour of respondent in the post-remand proceedings---Appellate Court once again remanded the case to the Trial Court for decision afresh after affording opportunity to the petitioners to produce additional evidence in rebuttal---Second remand order was assailed before High Court in revisional jurisdiction under S.115, C. P. C. and the same was set aside with the direction to the Appellate Court to decide the appeal in accordance with law after affording opportunity of hearing to the parties---Validity---Parties had been litigating since long and had brought their litigation twice up to the level of High Court---Supreme Court did not find it proper to further remand the matter to the Trial Court for the purpose of adducing evidence in rebuttal and maintained the of High Court and also directed the Appellate Court for expeditious disposal of appeal in accordance with law---Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.--- Petitioners seek leave to appeal against judgment, dated 24-9-2001 of the learned Single Judge in Chamber of Lahore High Court, Lahore whereby the same was accepted. 2. Precisely stated, the facts are that one Shan Muhammad, the predecessor-in-interest of respondents Nos. 1 to 11 filed a suit for declaration to the effect that he was owner in possession of land measuring 56 Kanals, 10 Marlas at Sahiwal, Tehsil Shah Pur, District Sargodha, in tile Court of learned Civil Judge, Sargodha. Fattu the predecessor-in-interest of respondents Nos. 12 to 20 namely, Muhammad Yamin, Muhammad Yasin, Mst. Haleeman Bibi, Mst. Sakeena Bibi, Mst. Sardaran Bibi, Mst. Gulzaran Bibi, Mst. Satara Bibi and Mst. Karam Bibi also filed suit for declaration alongwith consequential relief mentioning that they were owners in possession of land measuring 20 Kanals, 10 Marlas in the same area and that allotment in favour of said Shan Muhammad was void.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492