Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O.XLI R. 25--Passing of remand orders with consent of counsels of parties--Conformity of orders--No denial of consent orders by parties--Two remand orders has to be given effect to, earlier one or second one which is impugned in present appeal, when both said orders were passed with consent of counsel for parties--We are of considered opinion that order which is in conformity with provisions of law must be given preference and complied with--This Court could not notice that impugned second remand order was passed with consent of counsel for parties, and even before us none of parties has denied consent given at time of passing of impugned remand order--No petition for leave to appeal lies against a consent order--Said factual and legal position escaped notice of Court at time of granting leave to appeal--Petition dismissed.   [Pp. 83] A, B ,  C ORDER Amin-ud-Din Khan, J.--Leave to appeal was granted in this case vide order dated 08.04.2015, which is reproduced for ready reference: ‘The learned ASC for the petitioners at the outset referred to the order dated 05.05.2004 rendered in FAO No. 250, whereby the case was remanded in the following terms: ‘After some deliberation at the bar, a consensual arrangement has been reached between the learned counsel for the parties i.e. (i) the additional issues framed by the appellate Court should remain intact and a direction be issued to the trial Court for recording of the evidence on those issues including the matter of appointment of local commission and his report, which exercise may be undertaken by the learned trial Court within six months and the evidence so recorded will be transmitted by him to the appellate Court where the appeal will be deemed to be pending; (ii) on receipt of the evidence so recorded by the trial Court, the appellate Court will hear and decide the appeal afresh and record its finding not only on the issues which had already been dealt with by the trial Court but also the additional issues framed by it. This may be done by the appellate Court within six months. I find that the course so agree will meet the ends of justice and would shorten…

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