MUHAMMAD DERVAISH AL-GILANI versus MUHAMMAD SHARIF
The appeal of the original decree of the CPC Act Rule XLI, XML, R 25 Constitution of Pakistan (1973), Article 185 (3) was not lacking in the remand evidence of the principles of the case, instead of remanding the appellate court itself. The power of the remand should have been decided. The matter should not be used lightly but caution should be exercised in obtaining remand. The court should examine the evidence and if the examination concludes that it is not sufficient to make a decision or decide the matter between the parties, the case should be remanded or the court may hear it itself. Record the evidence and decide it. However, where there was sufficient evidence on the record that could be decided, the remand would not be appropriate. The application for leave of appeal was changed to appeal, the case was remanded to the High Court to hear the appeal. After giving notice to the parties and decide on the qualifications
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