Law:

Section:

(a) Civil Procedure. Code (V of 1908)---.---S: 115---Civil revision admitted for regular hearing---Dismissal of such revision for non-prosecution---Although the civil revision was admitted for regular hearing, yet no one entered the appearance to represent the petitioners---Effect---Dismissal of civil revision after its admission by the Court for non-prosecution was not legally appropriate---High Court refrained from dismissing the revision petition for non-prosecution and proceeded to decide the same on merits. Muhammad Sadiq v. Mst. Bashiran and 9 others PLD 2000 SC 820 fol. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11, O.XLI, R.23 & S.115---Judgment at variance--­Rejection of plaint---Remand of the cases to Trial Court---Appellate Court, jurisdiction of---Plaints were rejected by Trial Court but the Appellate Court allowed the appeals and the cases were remanded to the Trial Court for decision on merits---Validity---While rejecting the plaints, the Trial Court committed legal errors which were rectified by the Appellate Court---Reasoning and findings rendered by the Appellate Court were in consonance with the record of cases and law on the subject---Cases did not fall within the purview and scope of any of the categories mentioned in O.VII, R.11, C.P.C.---Judgment passed by Appellate Court was neither contrary to the record nor was in violation of the principles of administration of justice rather it had rectified the legal errors committed by the Trial Court---Judgment of Appellate Court should ordinarily be preferred---High Court declined to exercise the revisional jurisdiction. Alam Khan v. Ahla and 6 others 1989 MLD 3659; Mir Muhammad alias Miral v. Ghulam Muhammad PLD 1996 Kar. 202; Ilamuddin through Legal Heirs v. Syed Sarfraz Hussain through Legal Heirs and 5 others 1999 CLC 312 and Aasa v. Ibrahim 2000 CLC 500 ref. Nemo for Petitioners. Nemo for Respondents Nos. 1 to 15. Ch. Shaukat Ali Saqib for Respondents Nos. 16 and 17. Date of hearing: 30th September, 2003. JUDGMENT This single judgment snail decide the present revision petition (C.R. No.256 of 1992) and the four other connected revision petitions (C.R. Nos.257 to 260 of 1992) as…

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