Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---- S. 115 --- Constitution of Pakistan (1973), Art. 185(3) --- Concurrent findings of Courts below in decreeing plaintiff's suit on basis of evidence on record were set aside by High Court and plaintiff's suit was dismissed --- Validity---Leave to appeal was granted to consider, whether High Court was justified in taking into consideration evidence which was recorded before remand of case for de novo trial. (b) Civil Procedure Code (V of 1908)--S. 107 --- Constitution of Pakistan (1973), Art. 185---"De novo trial"--­ Meaning, scope and import of --- Term "de novo trial" would connote trying any matter anew as if same had not been heard before and as if no decision had been previously rendered --- Provision of S.107, C.P.C. would indicate that Appellate Court has power to determine case finally; to remand case; to frame issues and refer them for trial; and to take additional evidence or to require such evidence to be taken besides other powers mentioned in S.107(2), C.P.C.---Power to remand case would include power to give direction as to the stage from which case has to be proceeded with --- No express provision in C.P.C. for ordering de novo trial although existed, yet there was no prohibition either that while remanding case, Appellate Court could not order , de novo trial---Court was empowered to adopt any procedure in interest of justice which was not prohibited by any provision of law --- Defendants having agreed to de novo trial and case having been remanded by their consent, they could not urge, thereafter, that Appellate Court had no power to order for de novo trial. Black's Law Dictionary, Fifth Edn., p.392; Jameel Ahmed v. Saifuddin PLD 1994 SC 501; Mir Muhammad Khan v. Syed Abdul Shak6or and others PLD 1962 (W.P.) Pesh. 28, Hira Lal v. Rattan Lal AIR 1944 All, 293; Rampat Sahu v. Bhajju Sahu AIR 1936 Pat. 160; A.P.L.. Palaniappa Chettiar v. A.K.R.M. Firm AIR 1935 Rang. 19 and Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ---- Art. 162---Civil Procedure Code (V of 1908), S. 107 --- De novo trial--­Evidence which was recorded prior to de novo trial…

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