Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 25---Framing of issues by Appellate Court---Scope---Suit was dismissed by the Trial Court but Appellate Court framed additional issues and remanded the matter for fresh decision---Validity---Appellate Court had framed additional issues to determine the real controversy between the parties---Appellate Court had powers to frame issues and refer them for trial to the Court whose decree was impugned before it---Appellate Court having judiciously exercised its jurisdiction and committed no illegality, revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, JUSTICE:---.--- Through the instant revision petition, petitioner has challenged the judgment dated 29.4.2016 rendered by the learned Additional District Judge-V, D.I.Khan, whereby the appeal preferred by respondent against the impugned judgment dated 15.5.2012 passed by learned Civil Judge-VI, D.I. Khan was accepted and case was remanded to the trial Court. 2. Brief facts leading to filing of instant petition are that respondent/plaintiff filed declaratory suit against the petitioner/defendant in respect of the suit house fully described in the head-note of the plaint and for recovery of rent etc. The suit was contested by the respondent through submission of his written statement. Out of divergent pleadings of the parties, the learned trial Court framed as many as seven issues, whereafter the parties produced their respective evidence. The learned trial Court after hearing both sides dismissed the suit vide judgment dated 15.5.2012, which was assailed in appeal before District Judge, D.I.Khan. The appeal was entrusted for disposal to Additional District Judge-V, D.I. Khan. During pendency of appeal, the respondent submitted an application for appointment of local commission, which was replied to by the petitioner, however, the learned appellate Court vide impugned judgment dated 29.4.2016, accepted the appeal, set aside the judgment of trial Court and remanded the case to the trial Court by framing two additional issues…

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