Section 107 (2) and A XLI, R 23 On the remand of the requisite scope suit filed by the plaintiff / defendant, the Court of Appeal / Plaintiff filed the first appeal, whereby the first appellate court found that the trial court had passed judgment. Mistakenly mentioned the wrong names of the defense witnesses, so the wrong cases were re-sent to the trial court on the basis that they did not decide the case after applying their mind to the applicant / defendant's opinion. It was that the first appellate court remanded the case and was mistaken. Based on expertise, the trial court mentioned the names of the witnesses inadvertently excluding / defending the judgment, but the names themselves were corrected, which were evident in the verdict. The source was previously done correctly. The appellate court failed to publicize such points when the appellate court's decision was not before the remand of the case was competent in the eyes of the law, as it was the first appellate court's duty to prosecute the case instead of the trial. Instead of hearing, decide on your own, because wrongly mentioning the names of defense witnesses did not make the decision illegal or grounds. After considering all the material available on the record, the trial court decided the matter according to law, the first appellate court should have decided the appeal after hearing the parties and after passing the record of the case, but after receiving the remand, The first appellate court had traveled beyond its jurisdiction, the appellate court had committed the illegality of the substance and the trial for a trial verdict.
Related judgments — Lahore High Court Lahore, 2014
