Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (YI of 1960)-------S. 26---Civil Procedure Code (V of 1908), S.20---Jurisdiction of civil court---Petitioner shad impugned appellate order whereby decree of the Trial Court had been set aside and the matter had been remanded to the Trial Court for decision afresh---Plea of petitioner was that dispute which had been raised by respondent had assailed consolidation proceedings which had attained finality through the hierarchy of Revenue Courts right upto Board of Revenue which went in favour of petitioner while dismissing a revision petition filed by respondent---Petitioner had argued that the very jurisdiction of the civil courts was barred by S.26 of West Pakistan Consolidation of Holdings Ordinance, 1960---Trial Court, after regular trial, found that it had no jurisdiction in the matter---Respondent was not in a position to controvert submissions, of petitioner---Question as to whether or not civil court had jurisdiction in the matter, had to be decided by Appellate Court; but no such decision had been made, despite issue in that respect was framed---Impugned remand order was set aside---Appeal filed by respondent would stand restored and would be decided afresh and parties would appear before Appellate Court. Shahid Mehmood Khan Khilji for Petitioners. Mian Humayoon Aslam for Respondent No. 1. Ch. Muhammad Nawaz Bajwa, A.A.-G. for Respondent No.2. Date of hearing: 9th October, 2006. JUDGMENT JAWWAD S. KHAWAJA, J.---Wazir Ahmad petitioner-defendant impugns the appellate order dated 24-1-2006, whereby the decree of the learned trial Court dated 11-6-2005 has been set aside and the matter has been remanded to the learned trial Court for decision afresh after impleading additional parties and after deciding an application for additional evidence, which was filed by Muhammad Hussain Khan respondent-plaintiff before the learned Appellate Court. 2. Learned counsel for the petitioner argued that the dispute, which has been…

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