Law: Civil Procedure Code (V of 1908)

Section: 105(2)

  a. Remand of case--- ---- Where superior Authority/Court had passed order of remand un circumscribed by any condition, whole lis would go back to subordinate Authority/Court for decision afresh in accordance with law---Unless and until order of remand prescribed limitation, the Court/Authority to whom case was remanded was required to adjudicate the entire controversy between the parties afresh after hearing them. Muhammad Rafiq v. Addl. Settlement Commissioner, Multan and others PLD 1966 (W.P.) Lah. 590; M. Muzaffar-ud-Din Industries Ltd. v. Chief Settlement and Rehabilitation Commissioner, Lahore and others P L D 1967 Lah. 452; Inayatullah v. Muhammad Aslam Khan and 2 others 1975 S C M R 314; Abdul Wahid v. Member, Board of Revenue, Punjab, Lahore and another 1971 S C M R 719; Muhammad Shafi v. Member (Revenue) Board of Revenue, Punjab, Lahore and 2 others 1972 S C M R 253; Muhammad Warrayam v. Member, Board of Revenue, Punjab, Lahore and 3 others 1972 SCMR 354; Ghulam Hussain v. Ghulam Muhammad and another 1976 SCMR 75 and Sharaf Din v. Qazi Abdul Jalil and another 1986 S C M R 1368 ref. West Pakistan Land Revenue Rules, 1968-- ----R.  17---Constitution  of  Pakistan  (1973), Art.199---Appointment of Lambardar---Order of remand passed by Board of Revenue being un conditional, re-opened the whole case before Collector, thus Collector   and Commissioner were within their rights to summon all the contestants and decide the case afresh---Board of Revenue's post remand order was in violation of High Court order in earlier Constitutional petition wherein High Court while upholding Board of Revenue's remand order had directed that case be decided in accordance with provisions of R.17, West Pakistan Land Revenue Rules, 1968; and as such was vitiated---Case was remanded to Board of Revenue for fresh decision in accordance with law. Hartich Chandra Das v. Satya Nidhi Ghosal and others A I R 1916 Cal. 77; Kaluram and another v. Mehtab Bai another A I R 1959 Madh. Pra. 181; Haji Noorwar Jan v. Senior Member, Board of Revenue, N: W.F.P Peshawar and 4 others P L D 1991 SC 531; Abdul Wahid v. Member, Board of Revenue, Punjab, Lahore…