| Case ID |
f6e1ed4d-7c94-4d91-bc3d-c8db4caf78a6 |
| Body |
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| Case Number |
C.R. No. 344 of 2002 |
| Decision Date |
Mar 29, 2004 |
| Hearing Date |
Mar 29, 2004 |
| Decision |
The Peshawar High Court allowed the revision petition, setting aside the impugned judgment and decree passed by the learned Appellate Court. It remanded the case back to the Appellate Court for a fresh decision based on the available record. The Court emphasized that where sufficient material was available, the Appellate Court could decide the controversy without remanding the case. The Appellate Court was directed to allow additional evidence if necessary and to decide the appeal within four months, ensuring that the parties had ample opportunity to present their case. |
| Summary |
In the case of C.R. No. 344 of 2002, the Peshawar High Court addressed the issue of remand orders by appellate courts under the Civil Procedure Code. This case emerged from a suit filed by Abdur Razaq and others against Shah Wazir Khan and others, where the petitioners challenged the appellate court's decision to remand the case back to the trial court. The High Court found that the appellate court had sufficient evidence to decide the matter itself without remanding it, citing previous rulings that discourage remanding cases when the evidence is adequate. The court's decision highlights the importance of efficiency in judicial proceedings, especially given the backlog of cases in the system. This ruling serves as a significant precedent in civil procedure and appellate review, reaffirming that remands should be the exception rather than the rule when sufficient evidence exists. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayyum Qureshi
|
| Lawyers |
Mr. Saeed Baig,
Mr. Muhammad Ashraf Khan
|
| Petitioners |
others,
Shah Wazir Khan
|
| Respondents |
others,
Abdur Razaq
|
| Citations |
2004 SLD 3628,
2004 PLJ 198
|
| Other Citations |
PLD 2003 SC 10
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
23,
24,
115
|