Law: Civil Procedure Code (V of 1908)

Section: 5, 115

  Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation (II of 1994) ----Ss. 7 & 11---Civil Procedure Code (V of 1908), 5, 115---Revision-- Failure to adopt new procedure---Suit was filed by the respondent under the provisions of North-West Frontier. Province Regulation (I of 1975)-- Procedure was changed and Provincially Administered Tribal Areas (Nifaz-e Nizam-e-Shariah) Regulation, 1994 was enforced during the pendency of suit---Trial Court did not follow the new procedure and dismissed the suit according to the repealed law---Lower Appellate Court allowed the appeal and remanded the case for retrial---Validity---Trial Court was obliged to adopt the new procedure in order to proceed further in the matter or would have sought the consent of the parties regarding adopting the evidence and proceedings already taken under the repealed law---Where the Trial Court did not follow the same, the manner and method of trial was effected---Order of the Lower Appellate Court was in consonance with the spirit/theme of the North-West Frontier Province Regulation (II of 1994) and had rightly remanded the case back to the Trial Court for decision afresh to accordance with the new law---Judgment and decree of the Lower Appellate Court was maintained in circumstances. Date of hearing: 25th September, 2000..                                                                                                                              JUDGMENT This revision petition is directed against the judgment and decree passed by the learned Additional District Judge/Izaft Zilla Qazi, Dir, dated 1-8-1996 whereby he while setting aside the judgment and decree, dated 27-9-1995 passed by Civil Judge/Illaqa Qazi, Timergarh, accepted the appeal filed by the plaintiffs-respondents and remanded the case hack to the trial Court for decision afresh in accordance…