Law: Civil Procedure Code (V of 1908)

Section: 107(b)

Civil Procedure Code (V of 1908)--- ----S. 107(b)---Powers of Appellate Court---Remand of case to Trial Court---Scope---Remand could only be ordered when evidence on record was insufficient to pronounce ---Remand should not be made in routine and where evidence on record was sufficient for Appellate Court to pronounce and decide the issue, remand of case for fresh decision was not necessary---Reasons advanced, in the present case, by Appellate Court for remanding case to Trial Court were neither in line with settled law nor supported by record---Purpose of Appellate Court was to correct misreading and non-reading of evidence, if in its view any such misreading and non-reading was committed by Trial Court---Trial Court's finding, in circumstances, were based on presumption but instead of recording its own findings, it remanded the matter to Trial Court---Order of Appellate Court remanding the case was set aside---Revision Petition was allowed accordingly. Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216 ref. JUDGMENT MUHAMMAD FARRUKH IRFAN KHAN, J.---Through this civil revision under section 115 of the C.P.C. the petitioner calls in question the validity of impugned judgment and decree dated 8-3-2004 passed by the learned lower appellate court, whereby, the said court while accepting the appeal of respondent against the judgment and decree of the learned trial court 15-4-2003, set aside the judgment and decree of the learned trial court and remanded the matter to the trial court for its decision afresh. 2. Facts of the case in brief are that petitioner/plaintiff filed a suit for declaration along with mandatory injunction alleging therein that her marriage was solemnized with the respondent/ defendant on 19-4-1992 and as per entries in Column Nos.15 to 17 of Nikah Nama property fully described in the head note of plaint and ten tolas of gold ornaments were given to the petitioner/plaintiff in lieu of dower. According to the averments of the plaint the possession of said properly was also handed over to the petitioner/plaintiff. In order to get it transferred in the name of the petitioner/plaintiff an Iqrarnama dated 19-4-1992 was also executed in the…

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