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Citation Name: 2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AMEEN vs MUNAWAR ALI Ss — 2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AMEEN vs MUNAWAR ALI Ss
Subject matter
Civil

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

Citation Name: 2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AMEEN VS MUNAWAR ALI Ss. 115(1)(a), 115(1)(b) & O. XLI, Rr.23, 24, 25---Remand of the case by the Appellate / District Court---Revisional jurisdiction of the High Court---Powers---Petitioner filed revision to assail judgment passed by the District/ Appellate Court, whereby appeal preferred by the respondents was partly allowed and case was remanded to the Civil Court for adjudication afresh and to render finding on an additional issue (of mortgage relating suit-property)---Argument of the petitioners was that since evidence on record was sufficient, therefore, Appellate Court should have itself decided the case, including the additional issue (of mortgage) instead of remanding the whole case to the Trial Court---Validity---Record revealed that the Trial Court had rendered finding on the question of mortgage in relevant paras of the its judgment---Thus, the Appellate Court had committed material illegality by remanding the case to the Trial Court vide impugned judgment and decree---Appellate Court should have itself decided the case including the additional issue under R.24 of the O. XLI, C.P.C. had committed error of jurisdiction as R.25 of the O. XLI, C.P.C., had been misinterpreted---Such error of jurisdiction attracted the provision of Ss. 115(1)(a) & 115(1)(b) of the C.P.C---Appellate Court had exercised a jurisdiction not vested in it by R. 25 of O. XLI, C.P.C. and had failed to exercise jurisdiction vested in it by R. 24 of O. XLI, C.P.C.---High Court set-aside the impugned appellate judgment and decree and remanded the case to the Appellate / District Court to decide the appeal and pronounce the judgment itself---Revision was allowed accordingly.

Other judgments reported in 2024 CLC

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