Law:

Section:

Civil Procedure Code (V of 1908)--O.XLI, R.23---Constitution of Pakistan (1973), Art.185(3)---Remanding of case to Trial Court---Factual controversy between the parties---High Court had rightly remanded the case to the Trial Court to proceed to frame and decide the issues as indicated by the High Court in its order---Petitioners failed to point out any error committed by High Court in remanding the case---Leave to appeal was refused. Ch. Ata Ullah, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 31st December, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 leave is claimed against judgment, dated 30-6-1999 passed by a learned Judge in Chambers of the Lahore High Court, Lahore disposing of respondent-Abdul Ghani deceased through LRs Civil Revision No. 1476-D of 1984 with the following observations:-- "5. There is an obvious factual controversy between the parties. Learned counsel for the respondents contended that the statement recorded on 19-10-1972 reflects correctly the terms of the compromise arrived at between the parties. The learned counsel for the petitioner however, states that the statement of Abdul Ghani plaintiff had not been correctly recorded. The observations of this Court in the earlier revision petition, as noted above indicated that this factual controversy should have been dealt with and decided by the trial Court, if necessary, after framing issues and recording evidence thereon. "6. In view of the above discussion this case is remanded to the trial Court, which shall proceed to frame and decide the issues as indicated above. If the issues are decided in favour of the respondents/defendants and it is held that the compromise was correctly recorded on 19-10-1972, the suit shall be decreed ::: accordance with the terms of the compromise. If, however, the trial Court comes to the conclusion that the statement of Abdul Ghani was not completely and correctly recorded, the trial Court shall ascertain the actual terms of the compromise and decide the suit according to such…

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