Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R.2 O.XLI, R.31 & S.115---Suit for recovery of amount---Plaintiff filed suit for recovery of amount of salary for the last three years against defendant---Trial Court dismissed suit, but Appellate Court partly allowed suit and defendant had filed revision against and decree of Appellate Court---Appellate Court had adverted to every aspect of the case and had rightly decided relevant issues and rendered a reasonable , which was not open to legitimate exception---Counsel for defendant had not been able to prove that impugned was outcome of misreading or non-reading of evidence or suffered from illegality or material irregularity---Appellate Court had given exhaustive after appraisal of evidence on the file and after discussing all the pros and cons of the case---No legal defect appeared in the impugned which was in consonance with evidence on the file---Nothing could be pointed out effectively and convincingly which could persuade to disagree with findings of the Appellate Court on the issues in question---Appellate Court scanned the entire evidence in true perspective and findings of the court could not be termed either perverse or arbitrary and same were immune from further scrutiny in revision petition---Impugned had been recorded in consonance with the requirements of O.XLI, R.31, C.P.C. and no prejudice seemed to have been caused to defendant---Defendant could neither point out as to which issue was not properly framed nor could point out any material portion of evidence, which was allegedly was overlooked or misread by court below---Neither there appeared to be any misreading of evidence nor any material piece of evidence appeared to have been ignored by the courts below---Revision against and decree of Appellate Court below, was dismissed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, Rr.25 & 27---Remand of case and production of further evidence--'Appellate and revisional Courts were always empowered to remand case in terms of O.XLI, R.25, C.P.C., but that discretionary power was to be used in exceptional situation---If parties had led evidence with regard to the particular…

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