Law:

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Civil Procedure Code (V of 1908) O. XLI, r. 23 Remand (civil) Evidence on record being sketchy not found by High Court sufficient for coming to a positive con¬clusion and as such case remanded Evidence of Revenue Officials being undoubtedly important, necessary for trial to record their detailed statements Such not having been done, High Court, held, rightly remanded case to trial Court for fresh proceedings. [Remand]. ORDER ANWARUL HAQ, C. J. This petition seeks leave to appeal against an order made by a learned Judge of the Peshawar High Court on the lot of October, 1977, by which he has accepted revision application presented by respondent Haider Khan, and remanded the case to the trial Court with the direction that the parties to the suit be required to produce sufficient evidence in regard to their respective claims. The petitioner Aziz Khan bad filed a suit for declaration to the effect that he was the owner In possession of certain agricultural land situate in the area of village Sureai Payan in the district of Peshawar, and that Mutation No. 5097 attested on 26 3 1969 showing the sale of this land in favour of the, defendant was fraudulent and ineffective against his rights. The suit was dismissed by the trial Court on the finding that there was evidence to show that the plaintiff was present before the Revenue Officer when the impugned mutation was attested. The petitioner challenged this judgment by way of appeal, which was accepted by the learned Additional District Judge, and his suit was decreed. Aggrieved by the appellate judgment and decree the defendant Haider Khan bled a revision petition in the High Court which, as already stated, hag been adapted. The learned Judge hag expressed the view that the…

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