Law: Qanun-e-Shahadat (10 of 1984)

Section: 118 , 23

Qanun-e-Shahadat (10 of 1984)--- ----Art. 118---Civil Procedure Code (V of 1908), O.XLI, R.23---Burden of proof---Onus---Remand of case by Appellate Court---Validity---Where both parties had led evidence in support of their respective contentions then question of onus would lose its importance and on that score decree of Trial Court could not be interfered with in absence of any prejudice to opposite side---Appellate Court ought to have decided specific issue on merits in the light of evidence produced by parties---Appellate Court need not have framed additional issue when issue relating thereto as already framed was comprehensive enough and duly covered the question involved in newly framed issue---Onus of said issue was specifically placed on plaintiff---Plaintiff having discharged his onus defendant was within rights to produce evidence in rebuttal to evidence produced by plaintiff---Where both the parties were fully conscious of their respective claims and had full opportunity to produce their evidence to substantiate the same, Appellate Court should not have remanded case on technicalities alone and should have decided controversy between parties on merits---Remand order was set aside and case was remitted to Appellate Court below for fresh decision on merits in accordance with law. Zahida Yousaf v. Ifti ar Akhtar 1982 SCMR 351; Malik Raheem Bakhsh Awan's case PLD 1990 Lah, 37; Syed Faqir Hussain Shah Bokhari v. Asmat Bibi 1993 CLC 1388 and Mehr Din v. Bashir Ahmad Khan 1985 SCMR 1 rel. Faqir Muhammad and 5 others v. Sh. Nasim Ahmad PLD 1979 Lah, 356; Mehr Din v. Bashir Ahmad Khan 1985 SCMR 1; Raheem Bakhsh Awan v. Ejaz Mahmood PLD 1990 Lah. 37 and Faqir Hussain Shah Bokhari v. Asmat Bibi 1993 CLC 1388 ref. Faheem Anjum vice Syed Najmul Hassan Kazmi for Appellant. Ch. Muhammad Saleem and Mian Javaid Rasheed for Respondent. Date of hearing: 22nd November, 1995.   JUDGMENT Briefly stated the facts giving rise to this FAO are that the appellant filed a suit for specific performance of the agreement to sell dated 24-8-1966 in respect of a portion of Property bearing No.SE-II-15-S-2 situated in Main Bazar Ram Gali No.2, Lahore. The respondent resisted…