Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief Act, 1877

Section: 8,42,54

Civil Procedure Code, 1908 (V of 1908)-----Ss. 115--Specific Relief Act, 1877, Ss. 8, 42 54--Suit for declaration, perpetual injunction and recovery of possession--Decreed--Case was remanded in appeal--Revision petition was allowed--Challenge to--Question of--Whether High Court under Section 115 of C.P.C. was restricted to have either affirmed remand order or else, if found defective, obligated to remand matter to appellate Court to decide case on its merits--Case was remanded on application for impleadment as party--Appellate Court without considering record or evidence, remanded case for a fresh decision--High Court vide impugned considered application of Muhammad Siddique and concluded that there was no reason to remand case, on impleadment of Muhammad Siddique--There was no basis to remand matter for a fresh decision as issue stands decided--High Court in this case was justified not to remand matter to Appellate Court, and set aside remand order--Parties have been litigating for over twenty years, and only ground agitated before High Court and before us today is legality of remand order.                                                                         2007 SCMR 307 ref. Remand Order-- ---- A remand order is required in cases which cannot be decided on basis of available evidence, where evidence is sufficient for a decision of a case, a remand order is not required. JUDGMENT Mrs. Ayesha A. Malik, J.--This Appeal impugns judgment dated 24.07.2013, passed by the Peshawar High Court, Abbottabad Bench, in Civil Revision No. 119-A of 2006. 2. The basic facts of the case are that the Respondents filed Suit No. 170/1 of 2002 for declaration, perpetual injunction and recovery of possession on 18.07.1995 against the Appellants, with respect to the land located in the Shamlat Deh, measuring 106 Kanals and 11 Marlas bearing Khasra Nos. 3026/7 and 9 situated in Village Jagul Tehsil and District Haripur. The case of the Respondents was that they are the sole owners in possession of the…

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