Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, R.23 & 33---Speciiic Relief Act (I of 1877), S.42---Suit for declaration ---Remanding ca a to the Trial Court by Appellate Court---Appellate Court remanded ease to the Trial Court for fresh decision after recording further evidence despite sufficient oral and documentary evidence including the question of possession of suit property was available for disposal of the appeal on merits---Appellate Court instead of remanding the case to the Trial Court should have pronounced the itself especially when neither any party had prayed for the production of the additional evidence nor further evidence was required for the disposal of appeal---Order remanding case being not proper, was set aside. Liaqat Baig v. Board of Intermediate and Secondary Education, Multan through its Chairman 1987 CLC 2425; Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216 and Manzoor Hussain v. Malkhan Khewat No.40 through Shukar Din and 3 others PLD 1998 Lah. 172 ref. JUDGMENT This civil revision has been preferred against the judgment and decree, dated 5-5-1988 passed by the learned Additional District Judge, Chakwal, in an appeal upholding the judgment and decree, dated 5-12-1987 passed by a learned Civil- Judge, Chakwal in a suit for declaration. 2. The dispute between the parties pertained to the land measuring 39 Kanals, 15 Marlas, which was gifted by Mst. Sabaj Khatoon, in favour of Manzoor Hassan petitioner through Mutations Nos.699 and 746 sanctioned on 25-11-1912. The petitioner as well as the respondents are the legal heirs of said Mst. Sabaj Khatoon who died on 25-12-1979. The respondents filed a suit for declaration on 13-10-1982 questioning the validity of the gift, which was dismissed by the learned trial Judge vide judgment, dated 5-12-1987. The appeal filed by the present respondents against the dismissal of their suit succeeded and the Appellate Court remanded the case to the trial Court for decision afresh with the following observation:-- "I am, therefore, unable to hold as to, which of the parties is in possession of the suit-land. If respondent No.1 is found to be out of possession, the impugned gift can be…

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