Remand of proceedings

2023 YLRN 11 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.8Civil Procedure Code (V of 1908), O.XLI, R.23Suit for recovery of possession of immovable propertyRemand of proceedingsPrincipleConcurrent findings of facts by two Courts below

Respondent/plaintiff sought recovery of possession of suit shop on the plea that petitioner/ defendant failed to pay balance amount and agreement to sell stood cancelled

Suit was concurrently decreed by Trial Court and Lower Appellate Court in favour of respondent/plaintiff

Validity

Suit under S. 8 of Specific Relief Act, 1877 could only be filed by persons who were eligible or qualified under law to seek possession of immoveable property in question

Both the Courts below without trying to discover nature of property or for that matter ownership of property in question or even its entitlement, simply proceeded on the basis of bald and baseless presumption

High Court in exercise of revisional jurisdiction was not bound to enter into merits of evidence or for that matter of the case or controversy involved

Where concurrent findings of fact were perverse and result of material irregularity inasmuch as jurisdiction vesting in courts below was not exercised, High Court could remand the matter to courts below

High Court was not to indulge in fact finding exercise itself or even in exercise rooted in discovering facts that had crucial bearing on controversy to be so resolved

High Court in exercise of revisional jurisdiction set aside judgments of two Courts below and remanded to the matter to Trial Court for decision afresh

Revision was allowed accordingly.

2015 CLD 645 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 9 & 10Suit for recovery of bank loanRemand of proceedingsNon-compliance of direction

Judgment and decree passed by Banking Court was set aside by High Court and matter was remanded with direction to plaintiff bank to file complete statement of accounts

Bank, in post remand proceedings failed to file complete statement of accounts as directed by High Court

Effect

Directions contained in order of High Court were not complied with in letter and spirit and plaintiff bank failed to produce any evidence in a legally permissible manner, therefore, it was a case of no evidence

Plaintiff bank was provided ample opportunity to substantiate its claim by production of its evidence but failed to avail such opportunity, therefore, plaintiff bank was not entitled to any leniency

Plaintiff bank failed to establish its claim with the help of any evidence, therefore, judgment and decree passed by Banking Court, in favour of the bank was not sustainable and was set aside

Appeal was allowed in circumstances.

2015 CLC 366 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Remand of proceedingsPrinciple

When matter can be decided on the basis of available record, it is not proper to remand the matter to lower forum as it would also be an exercise in futility in addition to being a source of inconvenience and hardship for litigants.