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GHAFOOR KHAN versus SHAHZADA AMAN-E-ROOM


O XLI, Rr 23 and 24 of the Special Relief Act (I of 1877), sections 42 and 54 of the suit were upheld by the appellate court suit and the trial court for a permanent injunction, but the appellate court dismissed it on appeal. But instead the verdict was obtained with the trial court, after the case was decided by itself. The appellate court had remanded the trial court to remand the case, as there was enough material available on record, based on which the appellate court could decide the dispute between the parties, under which it was not worked. A. XLI, R, 23, CPC, Appellate Court, There is no doubt that the trial court has the authority to hear the case, but said that when the record was not sufficient to decide the matter of the dispute. So power should be used where there was enough evidence on record to solve it. Dispute Then the appellate court under the OLLI, R24, CPC, after re-arranging the cases, if necessary, will finally determine it and its remand will not be questioned on technical matters. Evans' case on remand cannot be appreciated, given the growing majority, where the appellate court can handle the matter itself, and it should refrain from accepting the same court's remand, an unclean decision by the appellate court. And the order should be passed along with direction to get the remand. He may do so and decide on appeal in the light of his report if he feels it is necessary to decide the appeal based on the available records and appoint a local commission.

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