Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115---Remand order challenged in revisional jurisdiction of High Court---Scope---Suit for specific performance filed by the plaintiff was dismissed by the Trial Court---Such decree was challenged by the plaintiff before the District Judge in appeal, which was accepted and the case was remanded to the Trial Court, which again dismissed the suit---Plaintiff did not file any appeal against such and decree of dismissal, rather directly filed a revision petition before the High Court which revision petition was discarded by the High Court---Validity---Primarily the order of remand was challenged before the High Court which could not be assailed for the reason that it had attained finality and was not amenable to the revisional jurisdiction---Where an appeal had not been filed (before the Appellate Court), yet the High Court, in appropriate cases, could exercise its revisional jurisdiction against the challenged decree, however present case was not an appropriate case for the exercise of such revisional/supervisory jurisdiction by the High Court---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: MIAN SAQIB NISAR, JUSTICE:----------------- The suit for specific performance filed by the petitioners against the respondents was dismissed by the learned Trial Court. Such decree was challenged by the petitioners before the District Judge in appeal, which was accepted and the case was remanded vide order dated 25.2.2010, after which the suit was again dismissed. The petitioners did not file any appeal against such judgment and decree of…

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