Law: Civil Procedure Code (V of 1908)

Section: 5

Civil Procedure Code, 1908 (V of 1908)-- ----O.XX, R. 5--Judgment--Remand--Power of Appellate Court--Principle--Held: If from the record it is possible to resolve the controversy instead of remanding the case back to the lower Court, has to decide appeal on merits--No additional issue is framed or additional evidence is required, especially where parties are litigating since long, remand of case was not justified. 1997 SCR 367, 2012 SCR 404, ref. ORDER This appeal has been filed against the judgment and order passed by the learned District Judge Kotli on 06.07.2011 whereby setting aside the judgment and decree recorded by the learned Senior Civil Judge Kotli dated 28.02.2011, the case has been remanded to the trial Court for fresh decision. Precise facts of the case are that Muhammad Yousaf and another, respondents herein, filed a suit for possession against Abdul Rehman, appellant herein, in the Court of Senior Civil Judge Kotli on 18.02.1997. It was averred in the plaint that defendant is in illegal possession of 7 marlas land from Khasra No. 1012 measuring 2 kanal 15 marlas situated in village Dhamol Tehsil District Kotli, which is in the ownership of the plaintiffs. The other side contested the suit by filing written statement. The learned trial Court framed issues and provided the parties an opportunity to lead evidence. At the conclusion of the proceedings the learned trial Court vide judgment and decree dated 28.02.2011 dismissed the suit for want of proof. Feeling dissatisfied respondents, herein, went in appeal before District Judge Kotli. The learned District Judge after hearing the parties through the impugned judgment and order dated 06.07.2011 remanded the case to the trial Court for fresh decision, hence, this appeal. I have heard the learned counsel for the parties and gone through the record of the case. It may be stated here that the parties are litigating in the case since 1997. The learned trial Court has decided the case on its merits after recording evidence of the parties. Though under Order XX Rule 5 Code of Civil Procedure it is necessary for the trial Court to decide the suit issue-wise and shall state the finding or decision, with the…

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