Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.23,24

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.23---Remand of case---Appellate Court---Pre-condition---Powers have been conferred upon the court of first appeal to remand case to Trial Court, if suit has not been disposed of upon preliminary point and has omitted to try any material issue of fact. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1998), O.XLI, Rr.23 & 24---Suit for declaration and injunction---Remand of case---Judgment and decree passé by Trial Court was twice set aside by Lower Appellate Court and matter was remanded to Trial Court for decision afresh---Validity---Lower Appellate Court framed eight points for determination and decided the same after detailed discussion/finding on each point, however, while concluding remanded the case to Trail Court---Such observation in detail on each point could cause prejudice to any party and might influence Trial Court and the same should have been avoided---High Court set aside passed by Lower Appellate Court and with consent of parties remanded the matter to Lower Appellate Court for decision afresh on appeal---Revision was allowed accordingly. ORDER FAROOQUE ALI CHANNA, J.---This Civil Revision under section 115, C.P.C. is directed against the judgment and decree dated 22-3-2011 passed in Civil Appeal No.67 of 2010 remanding the case to the trial court for passing a fresh judgment in accordance with law. The petitioners have prayed as under:-- "That the petitioners therefore pray that this Honourable Court shall be pleased to set aside the impugned judgment and decree dated 22-3-2011 passed by the learned District Judge Ghotki and remand him the case to decide the same meritfully considering all the exhibits etc and evidence the parties on record." Learned counsel for the petitioner has contended that the respondent No.1 had filed the Suit No.46 of 1996 Re: Ahmed and another v. Rehmat Ali and others for Declaration and permanent injunction in the court of Senior Civil Judge Ghotki wherefrom the suit was transferred to the court of Senior Civil Judge Mirpur Mathelo, where the suit was decreed by judgment and decree dated 26-6-2003. Said judgment and…

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