Law:

Section:

(a) Punjab Land Revenue Act (XVII of 1967)--- ----S. 135--- Application for partition--- Objections against---Non-speaking order filed application for partition before the Tehsildar under S. 135 of the Punjab Land Revenue Act, 1967, which was allowed with the passing of a preliminary decree---Naqsha jeem was prepared and objections filed by the appellant to the said naqsha jeem were rejected by the Tehsildar---Appeal against the same before the DO(R) was dismissed, while revision filed before the EDO (R) was also dismissed---Finally the Member Board of Revenue remanded the matter to the DO(R)---Contention of appellant was that land sold by the respondent was not excluded while preparing naqsha jeem---Validity---Orders of the Tehsildar, the DO(R), as well as, the EDO(R) did not address the objections raised by the appellant regarding adjustment of the land sold by the respondents through a speaking order---Member Board of Revenue had rightly remanded the case to the Revenue Officer below to examine the record and pass a speaking order in such regard---Supreme Court remanded the matter to the Tehsildar concerned to consider the objections filed by the appellant against naqsha jeem and decide the same through a speaking order, clearly attending to the objection regarding land to be excluded from the share of the respondent, if any---Appeal was allowed accordingly. (b) Remand--- ----Scope---Order of remand was not a final order and simply sent the matter for re-examination for the second time---Remand order did not finally determine the claim or the rights of the parties---Forum to which the case was sent for fresh decision was free to re-examine the case and pass a fresh ---Against any such subsequent decision or , alternate remedy was available to the parties. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Remand order---Order of remand that was facially perverse or without jurisdiction or otherwise void could be interfered with under Constitutional jurisdiction like any other order. Ghulam Rasool v. Khudai Dad PLD 1986 Quetta 130 ref. (d) Punjab Land Revenue Act (XVII of 1967)--- ----S. 164--- Constitution…

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