MUHAMMAD NAWAZ Versus NASIR HUSSAIN

This first appeal was .directed against the order, dated 29‑9‑1987 of the learned Additional District Judge, Jhang whereby the judgment and decree, dated 18‑2‑1987 of the learned Civil Judge 1st Class, Jhang was set aside and the suit was remanded to the learned trial Court with the direction to allow Muhammad Nawaz appellant, to resubmit his amended written statement and then to decide the suit afresh in accordance with law after framing necessary issues, if any.

2. According to the learned first appellate Court, the remand was necessary as issue No.7‑A added on 19‑7‑1978 should not at all have been framed as the plea on the basis of which the issue was framed was unauthorisedly added in the written statement.

3. Ch. Khurshid Ahmad, Advocate for the respondent fairly and A candidly concedes that the assertion added in the written statement on the basis of which issue No.7‑A was added on 19‑7‑1978, was not unauthorised and as such the learned first appellate Court should not have set aside the decree of the learned trial Court and should not have remanded the suit for fresh decision after obtaining written statement again.

4. In view of above concession, the impugned order, dated 29‑9‑1987 cannot be maintained. Consequently, the order, dated 29‑9‑1987 of the learned Additional District Judge is hereby set aside with the result that the judgment and decree, dated 18‑10‑1987 of the learned trial Court stands revived and the first appeal filed by Muhammad Nawaz, appellant, shall be deemed to be pending and shall be disposed of on existing record afresh after hearing the parties. The petitioners are directed to appear on 15‑2‑1987 before the learned District Judge, Jhang who will have the record of appeal summoned and then after hearing the parties, dispose of the appeal within three months. Parties are left to bear their own costs.

H . B . T . /M‑666/ L Remand order set aside.