MUHAMMAD RAFIQUE vs NAWAB ARBAB ABDUL ZAHIR KHAN O — 2025 CLC 404 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD RAFIQUE VS NAWAB ARBAB ABDUL ZAHIR KHAN O.XLI, Rr.25 & 26---Dispute over ownership of land---Omission to frame and try the issue by the Trial Court---Remand order by the appellate court without itself framing the issue---Effect---Procedural error, rectification of---Suit was instituted by the respondents/plaintiffs being lessees claiming ownership over the disputed land of constructed shops, whereas, petitioners/defendants claimed that disputed land was owned by the Municipal Committee---Suit was decreed by the Trial Court, however, upon appeal the matter was remanded by the Appellate Court to the Trial Court for framing a specific issue and decision thereon afresh---Validity---Appellate Court set-aside the judgment and decree assailed in the appeal and memorandum of appeal along with record was consigned to the record overlooking Rr.25 & 26 of O.XLI, C.P.C., as the Appellate Court should have itself framed an issue, directed for issuance of local commission and for further evidence referred the issue for trial and should have fixed time in which either party would present memorandum of objections to the findings of the court of first instance on the issues so referred, thus, the findings of the Appellate Court required correction---High Court in exercise of its revisional jurisdiction partially allowed the civil revision with certain modifications in the order of the appellate court in accordance with O.XLI, Rr.25 & 26, C.P.C. with the direction that Trial Court should return the evidence/report to the Appellate Court with its findings on the issue and reasons therefor within thirty days in the pending appeal before the Appellate Court, which on return of findings and after presentation of objections by either party, would proceed to determine the appeal within fifteen days.

MUHAMMAD RAFIQUE vs NAWAB ARBAB ABDUL ZAHIR KHAN O — 2025 CLC 404 QUETTA-HIGH-COURT-BALOCHISTAN

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