Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.23

Civil Procedure Code (V of 1908)-- ----O.XLI, R.23---Remand of case---Requirements---High Court remanded the matter to the Trial Court for reconsideration of documentary evidence--Validity---Documentary evidence available on record had already been considered by the Trial Court as well as Appellate Court---High Court had ample powers to consider the evidence and decide the case itself---Case could be remanded only when fresh evidence was required to be recorded---Where Court had already considered documentary as well as oral evidence, case was not to be remanded---Unnecessary remand of case defeated the right of speedy justice---Remand order passed by the High Court was set aside and matter was remanded to the High Court with the direction to decide the case itself on the basis of available evidence---Appeal was allowed, accordingly. Abdul Rashid v. D.E.O. and another 1998 PLC (C.S.) 304 and Pramatha Nath Chowdhury and 17 others v. Kamir Mondal and others PLD 1965 SC 434 rel. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, J.--- The captioned appeal by leave of the Court arises out of the judgment dated 2.7.2018 passed by the learned Azad Jammu and Kashmir High Court in Appeal No. 147 of 2012. 2. The precise facts forming the background of the captioned appeal are that the appellant, herein, filed a suit for perpetual injunction against the defendants-respondents, herein, in the Court of Civil Judge, Court No.1 Kotli on 10.4.1996. It was averred that land comprising Khasra No. 494 measuring 2 Kanal 11 Marla situated in village Andah, Tehsil Khuiratta was shamilat-e-deh and is in possession of the plaintiff. It was further claimed that the plaintiff is owner in the village and the suit land is situated adjacent to his owned land. It was claimed that the defendants intend to dispossess the plaintiff forcibly by interfering in his peaceful possession. The suit was contested by the defendants by filing written statement. A counter suit was also filed by Muhammad Azhar Khan for declaration on 17.6.1999. It was claimed by him that the land survey No. 164 measuring 3 kanal 2 marla situated in village Khuiratta is in the ownership and possession of the plaintiff and…

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