Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 107(1)(b) & 100---Constitution of Pakistan, Arts. 37(d) & 185---General provisions relating to appeals---Adjudication of appeals---Remand of case---Scope---Appellant impugned order of High Court whereby High Court disposed of the Regular First Appeal by remanding the case to Trial Court---Contention of appellant was that the case had been remanded twice before and was now being remanded to Trial Court for a third round of litigation---Held, that it was evident from the record that both parties were aware of their respective stance as set out in their pleadings and moreover evidence was also led in light thereof; and therefore, there was no justification for remanding the case to Trial Court for a third round of litigation---Supreme Court observed that the High Court had all material before it to decide the Regular First Appeal, set aside the impugned order of High Court and sent the matter to High Court with direction to decide the Regular First Appeal by itself---Appeal was allowed, accordingly. (b) Civil Procedure Code (V of 1908)--- ----Ss. 107 & 100---Constitution of Pakistan, Art. 37(d)---General provisions relating to appeals---Adjudication of appeals---Remand of case---Inexpensive and expeditious justice---Scope---Remand should only be resorted to where it was absolutely necessary for fair and proper adjudication of a case---Unnecessary remand resulted in undue delay in cases and consequent prolonging of agony of litigants as well as clogging the court dockets and wastage of precious court time---Supreme Court observed that courts were to bear in the mind the constitutional imperative requiring the State to "ensure inexpensive and expeditious justice". (c) Administration of justice--- ----Courts were to bear in the mind the constitutional imperative requiring the State to "ensure inexpensive and expeditious justice". ORDER JAWWAD S. KHAWAJA, J.---Learned counsel for the appellants states that already in earlier rounds of litigation the case was twice remanded to the trial Court. Through the impugned judgment, yet again the matter has been remanded by the High Court to the trial Court. The…

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