Law:

Section:

(a) Civil Procedure Code (V of 1908)------S. 115 & O.VI, R.17---Amendment of plaint---Appellate Court, jurisdiction of---Omission of Appellate Court to decide application for amendment of plaint---Suit filed by the plaintiffs was dismissed by Trial Court and during pendency of appeal before Appellate Court the plaintiffs filed application for amendment of plaint-- -Without deciding the application, the Appellate Court dismissed the appeal ---Validity--­Omission on the part of Appellate Court to decide the application in one way or the other had materially prejudiced the rights of the plaintiffs and frustrated the ends of justice---Having become seized of the application the Appellate Court should have disposed of the same before proceeding further in the matter---Object of judicial function was to reach the truth and to do justice between the parties---Judgment and decree passed by the Appellate Court were set aside and the case was remanded to the Appellate Court for its fresh decision after disposing of the application for amendment of plaint. 1993 CLC 334; PLD 1976 Kar. 1075; 1989 CLC 1819; PLD 1986 Pesh. 1 and 2001 MLD 125 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.23---Remand of case---Scope---Remand of case should not be adopted as a matter of course to allow a party or an authority to fill in lacuna or to improve upon the case---Where omission on the part of Appellate Court had materially resulted in miscarriage of justice, the case was remanded to the Appellate Court. JUDGMENT Mst. Iftikharun Nisa and her minor sons plaintiffs, instituted suit against Mst. Razia Begum and others defendants for a declaration to the effect that plaintiffs are owners of suit Haveli described in the head-note of the plaint, by virtue of sale-deed No.556 attested on 28-5-1980; that defendant No. l who was allowed to reside in the same as licencee, has no concern with it and that the Registered sale-deed No.358 attested on 20-11-1972 in favour of Shaukat Hayat Khan defendant No.4 is illegal, void, fraudulent, and without consideration and thus, liable to cancellation. A prayer for grant of permanent injunction and possession was also made in the suit. 2.…

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