| Case ID |
201b624a-5998-4c2f-9f44-8ee78cf2b6d7 |
| Body |
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| Case Number |
C.R. No. 989-D of 2001 |
| Decision Date |
Apr 15, 2015 |
| Hearing Date |
Apr 15, 2015 |
| Decision |
The Lahore High Court allowed the civil revision filed by Haji Fazal Kareem, stating that the Trial Court had exceeded its authority by deciding the issue of limitation during post-remand proceedings. The Court emphasized that the Trial Court was obligated to follow the specific directions issued during the remand. Consequently, the case was remitted to the appellate court for a fresh decision in accordance with the law, particularly referencing the earlier findings regarding the limitation of the suit. This decision reinforces the principle that the scope of a remand order must be strictly adhered to in subsequent proceedings, ensuring that justice is served in accordance with legal standards. |
| Summary |
In the case of Haji Fazal Kareem vs. Muhammad Ilyas, the Lahore High Court addressed critical issues surrounding civil procedure and the scope of remand orders. The plaintiff, Haji Fazal Kareem, contested the dismissal of his suit for possession of land by the Trial Court, which had erroneously ruled on the issue of limitation during post-remand proceedings. The appellate court had previously found in favor of the plaintiff on this issue but directed the Trial Court to appoint a local commission for land demarcation. The High Court ruled that the Trial Court's actions breached the remand order, leading to the allowance of the civil revision and a directive for the appellate court to reconsider the case. This case underscores the importance of adhering to procedural rules in civil litigation and highlights the legal principles governing appeals and remands, making it a significant reference for future civil procedure cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI AKBAR QURESHI, JUSTICE
|
| Lawyers |
Muhammad Ramzan Khalid Joiya,
Ch. Abdul Sattar Goraya,
Muhammad Bilal
|
| Petitioners |
Haji FAZAL KAREEM
|
| Respondents |
MUHAMMAD ILYAS
|
| Citations |
2016 SLD 3046,
2016 MLD 589
|
| Other Citations |
Muhammad Tahir v. Abdul Latif and 5 others 1990 SCMR 751
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, R. 23
|