YAR MUHAMMAD KHAN ALIAS YARAK versus MUHAMMAD JAN
A XLI, Rr 25 and 31 case remand scape appellate and review court was always authorized to file a remand case in case of O XLI, R 25, CPC but said that arbitrary power was exercised only in exceptional circumstances. Should be made and if the parties have the evidence then the same decision is made in the light of the evidence available on record, at a particular point and on the first point, the specific decision, the jurisdiction to seek the remand of the case on appeal or review. There was no doubt about the remand order option, but it should only be used in those cases. In which there was sufficient evidence to record accidental appeal decision of a party by mistake, the appellate court, instead of seeking a remand for the trial case, decided the verdict itself and passed the judgment to the appellate court. Should. Without the trial court's remand and remand remand trial, the trial court not only acted unlawfully, but was also against the mandatory provisions of AXLI, R31, CPC. For more than twenty years, the litigation between the parties has been going on since 1985, only the length of the parties will be settled by the Court of Appeal, and the decision of the Appellate Court below was imposed and the trial court was reinstated.
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