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Civil Appeal No. 108 of 1971, decided on 3rd May, 1981.
----Art.185(3)--Appeal before Supreme Court-Order under appeal relating to remand-Parties seeking withdrawal of appeal to avail chance of arguing case before settlement authorities-Supreme Court agreeing to proposed withdrawal of appeal allowed parties to support their respective pleas by leading such evidence as they may like to adduce in accordance with law.
Ch. Khurshid Ahmad, Advocate Supreme Court and Abdul Karim, Advocate-on-Record for Appellant.
Respondents Nos. 1 and 2: Ex parte.
Ch. M. Z. Khalil, Advocate-on-Record for Respondent No. 3.
Date of hearing: 3rd May, 1981.
-Both the learned counsel for their respective parties agree that as order under appeal is only of remand, they would in the circumstances rather take the chance of arguing the case before the settlement authorities concerned. They further submit that in this view of the matter, any expression of opinion made by the High Court -(either by the Single Bench or by the Division Bench)--it should be directed, should not influence the authorities concerned on the merits of the case, and that, the said authorities should be left free to take an independent view of their own while adjudicating upon the matter afresh: With- these submis sions the learned counsel for the appellant withdraws the appeal, and the learned counsel for the contesting respondent has no objection to the remand proceeding being taken up accordingly.
2. In this state of affairs we do not want to express any view on the point whether Ch. Ali Ahmad or Sh. Muhammad Rafiq bad the jurisdiction to decide this case at the relevant time and leave the aforesaid point open for consideration on any other appropriate occasion in some more appropriate case.
3. The present appeal is disposed of as withdrawn in the terms mentioned above and it is further clarified that in the remand proceedings the parties shall be at liberty to support their respective pleas by leading such evidence as they may like to adduce in accordance with law and the author ities concerned will be free to decide the case according to their independent view uninfluenced' from any observation of the High Court as above-men tioned. There shall be no order as to costs.
Order accordingly.
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