MUHAMMAD IQBAL and others vs Mst. REHMAT BIBI through Legal Heirs and others
This is a petition for leave to appeal directed against the order of the Lahore High Court, which remanded a civil matter arising from the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure 1908. The core legal question raised was whether the High Court was justified in remanding the case for decision instead of deciding the pure point of law itself when no factual controversy was involved. The Supreme Court granted leave to appeal to consider this question and directed that the trial court shall not pass any final order until the disposal of the appeal while remaining free to record evidence. The key principle laid down is that where a pure point of law is involved without factual controversy, appellate or revisional courts must consider whether remanding the matter is appropriate.
- Whether the High Court is justified in remanding a case instead of deciding a point of law itself when no factual controversy is involved?
- Can a trial court record evidence while a petition for leave to appeal against an order of remand is pending before the Supreme Court?
- Order VII Rule 11, Code of Civil Procedure 1908
ORDER
' AJMAL MIAN, J.---This is a petition for leave to appeal against the order, dated 18-6-1997 of a learned Single Judge of the Lahore High Court passed in F.A.O. No,170 of 1996, filed by the petitioners against the order, dated 23-2-1993 of the learned Civil Judge, Ist Class, Gujranwala, in Suit No,143 of 1992, rejecting the plaint of the suit under Order VII Rule 11, C.P.C. After about three years of the filing of the suit upon respondent's application, allowing the same and remanding the case. The petitioners/preemptors have, therefore, filed the present petition for leave to appeal.
2. In support of the above petition Ch. Muhammad Bakhsh, learned ASC for the petitioners, has contended that from the impugned judgment it is evident that the point of law was to be decided and that factual controversy was not involved and hence the learned Judge in Chambers was not justified in remanding the case.
3. We are inclined to grant leave to consider, as to whether in view of the contents of the impugned judgment, whether the learned Judge in Chambers was justified in remanding the case instead of deciding the same himself. Leave is, accordingly, granted. Till the disposal of the appeal arising out of the above petition, the learned Trial Court will not pass any final order but will be free to record evidence. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.