Law:

Section:

(a) Civil Procedure Code (V of 1908)----0. XLI, R.23---Remand---Court, trying the suit on remand, has to regulate the proceedings and proceed with the case in terms of the order of remand passed by the higher Court. (b) Civil Procedure Code (V of 1908)--- ----0. IX, R. 6---Decree in ex parte matter is either passed under O. IX, R.6, C.P.C. on the basis of averments made in the plaint on oath or on the affidavit of proof filed by the plaintiff or by recording the oral statement of the plaintiff---Such procedures are available in cases the defendant is absent and has been declared px parte. (c) Qanun-e-Shahadat (10 of 1984)-- ----Art. 2(1) (c)---Civil Procedure Code (V of 1908), O.XVIII, R.2--­Evidence---Definition---"Evidence of the plaintiff and the "statement of the plaintiff ---Distinction---Remand order stated that "the case is sent back to the Trial Court for proceeding with the case from the stage. of evidence of the plaintiff" after the respondent had been made ex parts---Said order concluded "decision on merits would depend upon the evidence of the plaintiff and the facts brought out in examination-in-chief and cross-examination of the plaintiff ---Held, as the order at each material stage started and referred to the recording of evidence of the plaintiff, that would mean that the evidence of all the witnesses and the statement of the plaintiff himself was to be recorded-.-­"Evidence" being a comprehensive word which included statement of witnesses, parties and documents which were produced in a Court or judicial forum to ,prove or disprove the case---Order could not be said to have restricted the recording of evidence of the plaintiff alone.--[Word and phrases]. In the present case the remand order which stated that "the case is sent back to the trial Court for proceedings with the case from the stage of evidence of plaintiff as it was on 24-4-1976 after the respondent had been made ex parte." There is nothing in the order that only statement of the plaintiff was to be recorded. The emphasis is on evidence of the plaintiff, not on statement of the plaintiff. This conclusion is further supported by the concluding part of the order where it was observed…

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