MUHAMMAD HABIB versus SULTAN AHMAD KHAN
Conan e Testimony Order 1984 Article 118 Civil Procedure Code (v. 1908), AXLI, R23 Proof of burden on Appeal Court's affirmation where both parties had presented evidence in support of their own contentions. The question will be lost. The importance of this and this trial court's ruling cannot be interfered with in the absence of any prejudice by the opposing party. The appellate court must decide a particular issue regarding qualifications in the light of the evidence presented by the parties. Was when the appellate court did not need to settle additional cases. As a framework, the issue was quite comprehensive and the question contained in the new framework issue was officially covered. Onus of the matter was specifically placed on the plaintiff when he released his officer, he was entitled to reject the evidence presented by the plaintiff. The parties were fully aware of their claims and had ample opportunity to present their evidence. Likewise, the appellate court should not have sought remand on technical matters only and should decide the dispute between the parties on merit. Yes, the remand order was set aside and the case was referred to the appellate court for fresh judgment on merit.
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