Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XX, R.5 & O.XLI, R.23---Specific Relief Act (I of 1877), S.42---Suit for declaration---Inheritance dispute between parties pending adjudication for last 40 years---Trial Court decreed suit, but Appellate Court remanded case for rewriting judgment as three issues requiring separate decision had been decided jointly by Trial Court---Validity---Joint decision of inter-linked and interconnected issues pertaining to same matter would not affect merits of case--Non-framing of issues or decision of matter on interconnected issues could not be a reason for remand of case---Appellate Court, if felt necessary, could decide matter issue-wise or reframe issues and then decide same on basis of available evidence or by receiving further evidence, but could not have remanded case on such ground---Frequent remands resulting in wastage of time and creating frustration amongst litigants was deprecated---Matters should be decided on merits and technicalities should be avoided---High Court accepted revision, set aside impugned order and remanded case to Appellate Court for its decision afresh on basis of evidence available on record. 2008 YLR 206; PLD 1996 Pesh. 6; 2005 SCMR 1217 and 2008 YLR 881 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, R.23---Remand of case by Appellate Court-Scope-Non-framing of issues or decision of matter on interconnected issues could not be a reason for, remand of case. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R.23---Frequent remands by Appellate Court---Effect---Such remands would result in wastage of time and creating of frustration amongst litigants, thus, deprecated. Malik Abdul Wahid and Rana Muhammad Anwar for Petitioner. Sheikh Muhammad Nawaz for Respondents. ORDER CH. MUHAMMAD TARIQ, J.---This petition is directed against the judgment dated 26-6-2000 passed by learned Additional Sessions Judge, Ferozewala whereby the judgment and decree dated 7-1-1998 passed by the learned trial Court was set aside and the case was remanded back to the learned trial Court for decision afresh. 2. Learned counsel for the petitioner/ plaintiff submits that the petitioner/plaintiff filed a suit…