Law: Code of Civil Procedure of 1882

Section: O.I,R.10,O.XLI,R.24

(a) Civil Procedure Code (V of 1908) --------- ----------O. I, R. 10 & O. XLI, R.24 --------- Appeal from original decree --------- Procedure --------- Remand of case by appellate court, validity of --------- Appellate court to decide the case finally when evidence on record sufficient --------- Appellate court setting aside and decree of Trial Court remanded the case for decision afresh on merits after impleading necessary party --------- Validity --------- Predecessor of plaintiff had filed present suit only for restraining defendants from interfering in his possession --------- Appellate court, having admitted that defendants were not able to prove their ownership and possession of suit property, had remitted the case to trial court to record pro and contra evidence to determine undisputed title of the suit property --------- Person, who was directed by appellate court to be impleaded as party, had not disputed possession of plaintiffs in the suit property --------- Evidence on record was, therefore, sufficient to dispose of appeal on merits in terms of O. XLI, R. 24, C.P.C. --------- Appellate court, in such scenario, should have decided the case on available record, avoiding its remand --------- High Court, setting aside and decree of appellate court, remanded the case to appellate court for decision afresh. (b) Civil Procedure Code (V of 1908) --------- ----------O. XLI R. 24 --------- -Evidence on record was sufficient to dispose of appeal on merits in terms of O. XLI, R. 24, C.P.C. --------- Appellate court, in such scenario, should have decided the case on available record, avoiding its remand. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:---------- Through the instant revision petition, the petitioners have called in question the judgment and decree dated 18.3.2014 passed by the learned Additional District Judge, Paharpur, D.I.Khan, whereby the appeal filed by respondents was accepted, the judgment and decree dated 25.10.2011 of learned Civil Judge, Paharpur, D. I. Khan was set aside and the case was remitted to learned trial Court with the direction to implead Ghulam Sarwar in the panel of defendants and afford opportunity to the…

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