2023 CLC 738 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 738 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Rana MUHAMMAD AHMAD TAHIR VS Mian MUHAMMAD ZIA appeal is continuation of proceedings wherein entire proceedings are again left open for consideration by the appellate Court and these powers are co-extensive with the powers and obligations conferred upon the original jurisdiction in respect of petitions/suits---appellate Court may also pass an order in favour of a party, even if no appeal or cross objections are filed, to secure the ends of justice---Ground raised and not pressed which relates to fundamental question can be considered by the (appellate) Court---In such situation two courses are available with the Court: one to decide the matter on the basis of admitted facts and applicable law, and the other to remand the case to the lower forum to consider said aspect which earlier escaped the notice of Courts below---In the present case that parties had been in litigation for the last 16-years and remand in such cases would result into further delay, wastage of time of the Courts and enhance hardships of respondent---appeals were dismissed.

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