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

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Citation Name: 2024 CLC 2094 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AMEEN VS MUNAWAR ALI O. XLI, Rr. 23, 24 & 25---Remand of the case by the Appellate 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 (on mortgage relating to 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---Under R. 25 of the O.XLI of the Civil Procedure Code, 1908, (C.P.C), where the Court from whose decree the appeal is preferred omits to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court to be essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues and refer the same for trial to the Trial Court, and in such case shall direct the Trial Court to take the additional evidence required and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor---Whereas under R.23 of the O. XLI, C.P.C, the Appellate Court sends back the whole case for trial to the Trial Court but upon remand under R. 25 of the O. XLI, C.P.C., the case is sent back to the Trial Court, only for the purpose of recording evidence and the appeal remains pending before the Appellate Court---During post-remand proceeding before the Trial Court, the appeal continues to remain pending before the Appellate Court---Thus, R.25 of the O. XLI, C.P.C., would apply where the evidence on the record is not sufficient to enable the Appellate Court to pronounce the judgment---Where the entire evidence is available, remand under R. 25 of the O. XLI, C.P.C. shall not be ordered rather the Appellate Court shall itself determine the case finally under R. 24 of the O. XLI, C.P.C., instead of remanding the case to the Trial Court for mere re-writing of judgment on the issue or on an additional issue so referred---In the present case, both the parties (petitioners and respondents) had produced their respective evidence in support of what they had claimed and defended and evidence was sufficient to enable the Appellate Court to pronounce judgment, after resettling the issues if found necessary---Thus, remand of the whole case by the Appellate Court for the purpose of mere rewriting of judgment on a particular or additional issue was violation of R. 24 of the O. XLI, C.P.C.---Record revealed that the Trial Court had rendered finding on the question of mortgage in relevant paras of the its judgment---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.

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

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