Law: Civil Procedure Code (V of 1908)

Section: 115, 151

(a) Civil Procedure Code (V of 1908) Ss. 115 & 151-Remand (civil)--Powers of revisional Court Lo pass any appropriate order-Not uttered. -Court feeling circumstances of case calling for order of remand-Could competently make such order-Provisions of S. 151-Also available to revisional Court (or ' making order of remand -[Mir Muhammad Khan v. Syed Abdul Shakoor and others P L D 1962 Pesh. 28 and Mesirs Ghanisons Industries Ltd., Karachi v. Mirza Akhlaque Ahmad P L D 1974 Kar. 339 held not applicable.-[Remand of case-Revision (civil). Mir Muhammad Khan v. Syed Abdul Shakour and others P L D 1962 Pesh. 28 and Messrs Ghanisons Industries Ltd. Karachi v. .Mica Akhlaque Ahmad P L D 1974 Kar. 339 held not applicable. Mehr Allah Ditta and another v. Muhammad Ali and another P L D 1972 S C 59; Aziz khan v. Haider Khan 1978 S C M R 168; Khalil Ahmad Khan v. Sultan Ahmad Shami and another P L D 1978 Lah. 779 and Ghulam Din v. Lal Khan and others P L D 1965 Pesh. 127 rel. . (b) Civil Procedure Code (V of 1908) Ss. 115 & 151-Remand (civil)-Lower Appellate Court not deciding application for production of additional evidence but relying on docu ments sought to be produced- Application having been made for production of additional evidence but relying in documents sought to be produced-Application having been made for production of additional evidence right vested in applicant to have a decision on his application one way or other Lower appellate court alone having erred in not disposing of application blame could not be put forth on applicant Case held deserved to be remanded for proper disposal of application and fresh decision of appeal [Remand of case]. Messrs Sh. Muhammad Ikhlas and others v. Muhammad Ismail P L D 1963 S C 466: Mehr Allah Ditta and another v. Muhammad Ali and another P L D 1972 S C 59: Messrs Muhammad Siddiq Muhammad Umar and another v. The Australasia Nnd Ltd. P L D 1966 S C 684 and Manmaohjan Das and others v. Mt. Ramdei anmd another A I R 1931 P C 175 ref. Date of hearing : 20th May 1979 This civil revision has arisen out of a suit for possession of a piece of land by pre-emption. 2. The suit was brought by the respondent Bhuley Khan…