' MUHAMMAD KHALID ALVI, L-Brief facts of the case are that petitioner filed a declaratory suit against the predecessor-in-interest of the respondents claiming himself to be owner of the property detailed in the plaint on the basis of registered sale deed dated 30-6-1997 measuring 3 Kanals 10 Marlas. It was claimed that the said sale deed be got rectified to the effect that instead of Khasra No,3414 Khasra No, be mentioned in the sale deed as 3400/1. According to the pleadings necessary issues were framed and the learned trial Court after recording evidence of the parties vide judgment and decree dated 4-3-1991 decreed the suit. The same was assailed by the respondent through an appeal which was allowed vide order dated 23-12-2000 and remanded the case for decision afresh. This remand order is being assailed through the instant civil revision.
2. It is contended by learned counsel for the petitioner that the reason for remand was merely to rewrite the judgment issue- wise which was not even necessary as some issues were inter- connected, therefore, the same could be decided jointly. It is further submitted that since the entire material was before the Court, no fresh material was to be collected nor any evidence was to be recorded, therefore, the learned appellate Court should have decided the case on merits.
3. On the other hand, learned counsel for the respondent halfheartedly opposed this petition.
4. I have- considered the arguments of the learned counsel for the parties.
5. Undoubtedly no material deficiency in the record could be pointed out by the learned appellate Court requiring necessity of remand. Even if there is some lapse on the part of trial Court in not deciding the issues separately, since the material was available with the appellate Court which could have proceeded to decide the appeal on merits. Accordingly this revision petition is allowed, the impugned order dated 23-12-2000 is set aside. Resultantly the appeal filed by the respondent is deemed to be pending.
6. Parties are directed to appear before the learned District Judge Mandi Bahauddin on 17-10-2007.
The learned District Judge may hear the appeal himself or entrust the same to any other Court of competent jurisdiction. The Court concerned is directed to decide the appeal within three months from the date of receipt of this order.