Law: Civil Procedure Code (V of 1908)

Section: 115,23

Civil Procedure Code (V of 1908)--- ----S.115 O.XLI, R.23---Revision---Remand of case by Appellate Court---Scope---Petitioners assailed order passed by Appellate Court whereby case was remanded to the Trial Court---Validity---Appellate Court had rightly pointed out the questions with regards to non-discussion of evidence produced by a respondent with regard to his agreement to sell---Trial Court had partially decreed the suit but had not considered and addressed the question of prior agreement to sell---No illegality or irregularity was apparent in the impugned warranting interference by the High Court in exercise of its revisional jurisdiction---Revision petition was dismissed. Doctor Imran Manzoor and another v. Mst. Nighat Bahar Khanum and 10 others 2015 CLC 1428 rel. ORDER SHAHID BILAL HASSAN, J.---- Precisely, the petitioners instituted a suit for specific performance of agreement to sell dated 04.03.1990 against the respondents, which was duly contested by them. The respondent No.12 also instituted a suit for specific performance of agreement to sell dated 07.02.1990 (Ex.D1), wherein written statements were duly submitted by the defendants in that suit. Both the suits were consolidated and out of divergent pleadings of the parties, the learned trial Court framed consolidated issues on 20.11.1993 and later on additional issues were framed on 05.09.1998 and evidence of the parties, oral as well as documentary, was recorded. The learned trial Court vide consolidated judgment and decree dated 26.02.2000 decreed the suit of the petitioners, whereas the suit of the respondent No.12 was decreed only to the extent of 02-Kanals 13-Marlas. The respondent No.12 being aggrieved preferred two separate appeals: one with regards to his suit and other in respect of suit of the petitioners. The learned appellate Court vide impugned consolidated judgment dated 02.09.2008 accepted the appeals and by setting aside the judgment and decree dated 26.02.2000, remanded the case to the learned trial Court for decision afresh after considering all evidence and was also directed to discuss all issues independently; hence, the instant revision petition. 2. Heard. 3. Before this…

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