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MST. SHADO BIBI versus RASHEED


Section 107 Special Relief Act (I of 1877), Section 42 suit for dismissal of a declaration by the appellate court scope power of suit, was dismissed by the trial court but the appellate court had obtained its remand, the appellate court has dismissed the case no. No information about 's qualities was listed. Directed on what issue was to be framed, the appellate court had merely remanded the matter to the trial court to decide the proper cases, the remand order should be in clear terms and the suit was handed over to the trial court. Had to In order to avoid the ambiguity given by the appellate court, in the present case, which was already dealt with by the trial court, the remand order was not endorsed by the law, so the appellate court reversed its decision. I was obliged to speak again on the matter in question. The appellate court was empowered in the light of the matter to make a fair decision and then to seek remand of the case, as the original jurisdiction of the court should serve the same duty as the Civil Code of Conduct 1908. The law was enforced on the courts of jurisdiction over which the review was approved and the judgment and order of the appellate court were set aside and the case was remanded by the High Court. Appellate Court for Decision on Merit

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