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Civil Procedure Code (V of 1908)---S. 107 read with Rehabilitation and Settlement Scheme, para. 8­Remand-Inquiry-Contents of orders impugned before High Court being kept in view, question as to whether appellant was or was not a sitting allottee could be resolved only through a proper inquiry and by affording opportunity of hearing to both parties--Case not one where assertion regarding appellant being a sitting allottee either undisputed or substantiated by admitted facts-Controversy, held, could best be resolved in accordance with procedure adopted by High Court.­[Remand of case]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J-Leave to appeal in this case was granted on 12th March, 1974 to examine whether the remand of a land settlement case by the High Court in its writ jurisdiction, was justified in law - as according to the appellant, there was enough material before the High Court to come to a decision that he being a sitting allottee, would have preference for the allotment of the land under paragraph 8 of the Rehabilitation and Settlement Scheme against the contesting respondents who were only allowance holders. 125 acres of land was allotted to respondent No. 1 in 1951. It was cancelled by Mr. I. U. Khan, the then Rehabilitation Commissioner in 1956. The order of Mr. I. U. Khan having been made subject of various stages in lengthy litigation was ultimately upheld by this Court. Out of the afore­mentioned land 32 acres were allotted to the appellant in 1957. The respondent challenged this allotment through a writ petition, which was accepted. After the decision of the writ petition, this very land was again allotted to respon­dent No. 1 on 29-9-1963. The appellant and some other persons filed separate appeals against this order of allotment, which were allowed by an Additional Settlement Commissioner on 1-9-1964. The respondent's revision petition was dismissed on 14-5-1964. Thereafter a writ petition No. 995-R of 1965 was filed by the respondents side which was accepted on 20-6-1973 with an order of remand to the Settlement Commissioner for fresh decision after giving reasonable opportunity of hearing to the parties. The appellant chal­lenged this order of remand…

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