Law:

Section:

Civil Procedure Code (V of 1908)---O. XLI, r. 23-Remand (civil)-Petitioner filing appeal before District Judge and appeal accepted on ground of petitioner/tenant's cross examination having not been recorded although his statement recorded and case remanded to trial Court for recording cross-examination ­Landlady going to High Court in appeal against such order and High Court finding cross-examination having in fact been already recorded and instead of remanding case proceeding to decide case on merits­ Held: High Court empowered to decide matter on merits itself instead of remanding case to Court below.-[Remand (civil)]. Pramatha Nath Choudhury and 17 others v. Kamir Mondel etc. P L D 1964 S C 434; Fateh Ali v. Pir Muhammad and another 1975 S C M R 221 and Nasir Ahmad and another v. Khuda Bakhsh and another 1976 S C M R 388 ref. ORDER ASLAM RIAZ HUSSAIN, J.--Mst. Zahida Yousaf had taken Shop No. 23 Nicholson Road, Lahore, on rent from its owner Mst. Iftikhar Akhtar, res­pondent, at the rate of Rs. 100 per month. The latter filed an application for ejectment of the petitioner on the ground of default and bona fide requirement of the shop for her son. The learned Rent Controller found that there was no default but accepted the application on the ground of bona fide requirement for use of her son and ordered the petitioner's eviction, by order, dated 27-2-1979. The petitioner filed an appeal before the learned District Judge, which was accepted on the ground that the petitioner/tenant's cross-examination had not been recorded although his statement had been recorded. He remanded the case to the trial Court for recording the cross-examination. The landlady filed an S. A. O. against the above-noted order…

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