Law: Civil Procedure Code (V of 1908)

Section: O.XLI,Rr.23,25

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)---O. XLI, Rr.23 & 25---Constitution of Pakistan (1973), Art.185 (3)---Remand of case---Scope---Petitioner assailed passed by High Court whereby case was remanded to Trial Court for decision afresh---Validity---Power to remand a case should not be exercised lightly but sufficient care should be taken in such regard---Court should examine evidence and if it came to conclusion that it was not sufficient to pronounce or decide issues between parties, court should remand the case or record the evidence itself and decide the case---Petitioner failed to point out any misreading or non-reading of evidence on record---Supreme Court did not find any infirmity legal or factual in the calling for interference---Leave to appeal was refused. Fateh Ali v. Pir Muhammad and another 1975 SCMR 221; Sher Muhammad and others v. Jamadar Ghulam Ghous 1983 SCMR 133; Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216 and Syed Abdul Hakim and others v. Ghulam Mohiuddin PLD 1994 SC 52 rel. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Leave to appeal is sought against a judgment, dated 31-1-2006 passed by learned Single Judge of Peshawar High Court, Peshawar, whereby civil revision filed by Sher Afzal and others, respondents/defendants has been allowed, judgments/ decrees dated 24-4-1993 and 8-4-1997 of learned Civil Judge, and learned Additional District Judge-II, Peshawar, dismissing suit and accepting appeal filed by petitioners/plaintiffs, respectively, have been set aside and case has been remanded to the trial Court for decision afresh. 2. Haji Muhammad Zahir Shah, Advocate for the petitioners/plaintiffs contended with reference to provision of Order XLI, rule 25 of Civil Procedure Code and attempted to argue that as the evidence on record was sufficient to pronounce the judgment, there was no occasion to remand it for rewriting the judgment by trial Court; that learned Single Judge of the High Court could have decided the case on merits on the material on record as from the impugned judgment it does not appear that there was any deficiency in the evidence or the evidence was not sufficient to pronounce the judgment and in such circumstances the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492