Law: Civil Procedure Code (V of 1908)

Section: 100,O.XLI,R.23

Law: Constitution of Pakistan, 1973

Section: 185(2)(3)

(a) Civil Procedure Code (V of 1908)---S. 100 & O.XLI, R.23--Constitution of Pakistan (1973), Art.185(2)(3)---Direct appeal to Supreme Court against remand order of High Court passed in second appeal---Validity---Impugned order being interim to nature could not be termed as decision or final order---Only petition seeking leave to appeal was competent and appeal was not maintainable. Chairman, N.W.F.P., Forest Development corporation and others v. Khurshid Anwar Khan and others 1992 SCMR 1202 ref. (b) Civil Procedure Code (V of 1908)--- ---S. 100 & O. XLI, R. 23 Constitution of Pakistan, (1973), Art 185(2)-- Second appeal Remand of case by High Court for re-writing by Trial Court for having re-capitulated in its written arguments submitted by defendant---Validity---Judgment of Trial Court was not valid for not being based on independent application of mind---First Appellate Court though had discussed and applied its mind to all issues, but had no valid before it while sitting in appeal---Ordinarily Appellate Court would decide case on merits, where evidence on record was sufficient for deciding issues---No valid passed by Trial Court was available on record, thus, High Court was not barred from remanding case---Defendant would not suffer from remand order for being in possession of suit land and High Court had given time frame to Trial Court for re-writing - Supreme Court dismissed appeal in circumstances. Pramatha Nath Chowdhury and 17 others v. Kamir Mondal and others PLD 1965 SC 434; Fateh Ali v. Pir Muhammad and another 1975 SCMR 221; Ashiq Ali and others v. Mst. Zamir Fatima and others PLD 2004 SC 10; Anwar Ahmad v Mst. Nafis Bano through L.Rs 2005 SCMR 152; Muhammad Dervaish Al-Gilani and 14 others v Muhammad Sharif and others 1997 SCMR 524; Balwant Singh v. Baldev Singh and others AIR 1921 Lah.119; Ghulam Mohi-ud-Din Chief Settlement Commissioner Pakistan, Lahore and others PLD 1964 SC 829; Slier Muhammad v. Abdul Rashid and others 1980 SCMR 928 and Muhammad Akhtar v. the State PLD 1957 SC (Pak) 297 ref. JUDGMENT MUHAMMAD FARRUKH MAHMUD, J.--- Appeals Nos. 1587 of 2007 and 1588 of 2007 are directed against the judgment dated 29 6-2007 handed down…

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