Law: Specific Relief Act (I of 1877)

Section: 39

Law: Civil Procedure Code, 1908

Section: O.XLIII R. 1(u) ,O.XLI , R. 25

PLJ 2026 Civil (Note) 25 [Lahore High Court, Lahore] Specific Relief Act, 1877 (I of 1877)-- ----S. 39--Civil Procedure Code, 1908 (V of 1908), O.XLIII R. 1(u)--Suit for cancellation of sale-deed--Dismissed--Registered appeal--Allowed--Instrument--Merger of society into DHA--Failure to file written statement--Ex-parte--Evidence--Case remand--Opportunity to file written statement--Challenging to remand order--Perusal of Impugned Judgment would reflect that though it is noted by learned Appellate Court that Respondent No. 1 was granted multiple opportunities to file written statement but she miserably failed to do so, therefore, her right to file written statement was struck off, however, learned Appellate Court proceeded to remand case while giving an opportunity to Respondent No. 1 to file written statement and adduce evidence--Such an order was beyond appellate jurisdiction of Appellate Court as no challenge was laid before Appellate Court by Respondent No. 1 viz closure of her right to file written statement, which order had since attained finality--It is trite that appeal is continuation of original proceedings and Appellate Court is not divested of authority to reappraise entire evidence and proceedings conducted before Trial Court and consequent orders/judgments of Trial Court, however, if an order/judgment had attained finality to a certain/specific extent, owing to failure of lodging a challenge against such an order, Appellate Court could not act in a manner, which may prejudice rights of contesting party, which rights had attained finality-- Impugned Judgment further reflected that other reason, which prevailed with Appellate Court for remanding matter to Trial Court, was premised on ground that since two other civil suits titled “DHA v. Shazia Tufail etc.” and “DHA v. Manzoor Ahmad etc.” were pending determination, wherein, Sale Deeds, as challenged in Suit in hand are also subject matter of challenge laid in said two suits, therefore, Appellate Court deemed it appropriate to remand case for avoiding any conflicting Judgments--This ground was also not tenable under law as every suit, unless consolidated, had…