Law:

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(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 23---Remand of case---Principles---Relevant evidence had been recorded---Preliminary decree and record had not been placed on record but same had been commented upon by the courts below---When there was no need for recording of additional evidence, case be decided and should not be remanded to the lower court for framing of issue---Revision was dismissed in circumstances. Muhammad Akbar's case 1998 SCMR 724; Bharoo' case 1999 SCMR 786 and Mst. Malkani's case 2004 SCMR 1591 ref. Abdul Karim's case 2012 SCMR 212; Muhammad Dervaish Al-Gilani's case 1997 SCMR 524; Ashiq Ali's case PLD 2004 SC 10; Muhammad Mukhtar's case 2007 SCMR 1867 and Habib Ullah's caes 2007 SCMR 271 rel. (b) Partition Act (IV of 1893)--- ----S. 4---Suit for partition---Preliminary decree---Scope---Preliminary decree would decide the respective shares of all the co-owners in the undivided joint property---Final decree had to be sought for execution of preliminary decree for delivery of possession of the share of each co-owner in the corpus of the undivided property. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Revisional Court could not interfere in the findings recorded by the courts below even if it had come to a different conclusion than the ones arrived at by the said courts unless those were arbitrary, capricious or outrightly absurd. Muhammad Idrees v. Muhammad Parvez 2010 SCMR 5 rel. (d) Civil Procedure Code (V of 1908)--- ----O. VI, R.5---Parties could not go beyond their pleadings---Particulars of evidence need not to be mentioned in the plaint and same could be produced during recording of evidence. Pir Muhammad's case PLD 2007 SC 302; Haji Noor Muhammad's case 2000 SCMR 329 and Altaf Hussain's case 2000 SCMR 314 rel. JUDGMENT YAHYA AFRIDI, J.- This revision petition is directed against the judgment and decree dated 14.11.2012, passed by learned Additional District Judge-VII, Peshawar, whereby the appeal filed by petitioners against judgment and decree dated 28.09.2011, of learned Civil Judge-XXI, Peshawar, was dismissed. 2. The brief and essential facts of the instant petition are that,…

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