Law: Civil Procedure Code (V of 1908)

Section: 58 , 1 , 105

Civil Procedure Code (V of 1908)---- ----O.XXI, R. 58, O.XLIII, R.1, cl. (u) & S. 105 (2)---First Appellate Court could not set aside decision of Court of coordinate jurisdiction----Objections against execution of decree rejected by Trial Court---Appellate Court remanded objections for re-decision on merits---Trial Court in post-remand proceedings again dismissed objections against execution of decree---In appeal, against order of Trial Court, Appellate Court which had earlier remanded the case, took the view that suit stood dismissed after 6-9-1966 (i.e. the last date allowed to decree-holder for deposit of decretal amount) due to his failure to comply with the terms of decree; that all the proceedings taken by appellate Court, including remand of case .in earlier proceedings and post-remand proceedings were misconceived and nullity in the eye of law ---Validity--Neither the Executing Court nor the Court hearing appeal from its decision could competently bypass the remand order in appeal and consequent judgment and decree passed by Trial Court on its basis---Remand order being appealable, absence of appeal from it prevented a challenge to its correctness in the subsequent round of litigation ---Vendee having accepted decision in appeal had participated in the remand proceedings and not appealing from the adverse decree was precluded from questioning the correctness of the decree in favour of decree-holder---Impugned decision of First Appellate Court in post-remand proceedings was set aside and that of Trial Court dismissing objection to, execution of decree was maintained. Ather Rehman Khan for Appellant. Islam Ali Qureshi for Respondent. Date of hearing: 21st November, 1992. JUDGMENT Facts in Execution Second Appeal were not intricate but the proposition of law raised in it was a little complex. Therefore, a brief resume of salient features of the case shall be helpful to the understanding of the point of law requiring determination in the appeal. By Mutation No.79 sanctioned on 27-10-1962, Pir Bakhsh and others sold 32 Kanals of land subject to mortgage for a sum of Rs.2,400 to Palia, Yar Muhammad son of Bakhu, Fatal son, of Ram7an, Gaman son of Yaran.…