HAZRAT BILAL vs Mst — 2021 PLD 700 SUPREME-COURT

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HAZRAT BILAL VS Mst. SPOGMAI Para. 10(8)---Civil Procedure Code (V of 1908), O.XLI, Rr. 20, 27 & 33---Appeal or revision---Appellate or revisional court to decide the appeal/revision within thirty days, without remanding it on any ground whatsoever [Paragraph 10(8) of the Shariah Nizam-e-Adl Regulation, 2009]---Scope---Present civil disputes were initiated during subsistence of the Shariah Nizam-e-Adl Regulation, 2009 ('the 2009 Regulation') and proceeded thereunder---Civil revisions were filed before the High Court, which remanded all matters to the Trial Court for de-novo trial and/or after recording the evidence to hand-down the judgment and decree---Legality---Examination of sub-clause. (8) of Paragraph 10 of the 2009 Regulation showed that neither the Appellate nor the Revisional Court had any jurisdiction to remand the matter---Both the appellate and the revisional Courts were mandated under the 2009 Regulations to decide the matter before them---Order XLI, R.27 of the C.P.C. empowered the Appellate Court to record and take evidence in cases under the 2009 Regulation---Moreover O.XLI, R.20 of the C.P.C., provided that any person who was a party to the suit in the Court from whose decree the appeal was preferred, but who had not been made a party to the appeal, and was interested in the result of the appeal, the Appellate Court may adjourn the hearing to a future date and direct that such person shall be made as respondent in the proceedings---Even otherwise, the Appellate Court in terms of R.33 of O.XLI of the C.P.C. enjoyed all the powers as may be possessed or exercised by the Court from which the appeal had originated except for imposing cost---In view of such enabling provision and jurisdiction of the Appellate Court, such jurisdiction and powers may also be exercised, within the bounds prescribed by law, by the Revisional Court i.e. the High Court in the present case---High Court was, thus, entrusted with the power and authority to take evidence itself instead of remanding the matter either to the Appellate Court or the Trial Court and/or where it was deemed appropriate, could add or join any party where it might considered it expedient to do so---Remand order should not have been made by the High Court (revisional Court) in the present case---Impugned judgments rendered by the High Court were set aside and the matters were remitted to the High Court to decide the same in accordance with sub-paragraph (8) of Paragraph 10 of the 2009 Regulation---Petitions for leave to appeal were converted into appeals and allowed.

HAZRAT BILAL vs Mst — 2021 PLD 700 SUPREME-COURT

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