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BACHA KHAN versus ABDUL QAYUM

AXL, August 23, 24, 25 and 27 Additional evidence The case was remanded and additional evidence was granted to the appellate and review court always to be remanded, but this arbitrary power was exercised only in exceptional circumstances. The pass is guided by evidence. Specifically, and the first instance the court made a specific finding at the point stated, the appeal of the case in light of the evidence available on record was not a fair use of jurisdiction under O XLI, R 27, CPC. It should only be used when the court considers that if it will not be able to make a decision without further evidence, the law cannot be used to the benefit of a party who is not careful enough to see it. There was no weakness left in it. In this case, under AXLI, 23 & 24, CPC, remand should be obtained only in cases where decision cannot be made on the basis of available material / s / record if any dispute on the basis of available evidence. Can be solved Thereafter, the question of remand will not arise, such power should not be used lightly, but caution should be exercised in obtaining the remand; the court will examine the evidence and if it concludes that it is not enough to make a decision. ? Or by deciding the matters between the parties, he can take the case on remand or record the evidence himself and decide, if there is enough and sufficient evidence on the record that can be decided, to remand. Justification will not be made. immigration advocates email from Mirpur Mathelo lawyer