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Constitutional Petition No. 1377 of 1978, decided on 29th November, 1978.
‑‑ O. XLI, r. 25 ‑Remand of case to a Court or Tribunal for disposal on merits‑ Re‑opens entire case before such statutory functionary and such functionary under no fetters‑Appeal even if remanded for determination of some issues further action by such Court, to deal with case on me‑its, held, not barred. ‑‑[Remand of case].
Partab Singh v. Mst. Partapi and another A 1 R 1918 Lah. 342 ; Lahore Bank Limited v. Lakhi Ram 19 I C 970 ; Lala Singh v. Ram Lal A I R 1925 Lah. 39 and Afoti Singh v. Sobho Mal 32 1 C 634 ref.
‑‑‑‑ "Remand"‑Dictionary meaning : to send back case to same Court out of which it came, for purpose of having some' action on it there.
Black's Law Dictionary, IV Edn.,
‑.‑‑ "Disposal of case according to law"‑Means to decide it in a manner in consonance with law i.e. by adverting to merits of case and in accordance with law.
Nasir Aslam Zahid for Petitioner.
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