1. ' NASIM HASAN SHAH, J.--The dispute between the parties is pending since 1950 and after protracted proceedings the matter reached right upto this Court in 1985. It was disposed of by an order of this Court dated 22-12-1986 whereby the judgment of the High Court was set aside and the proceedings remanded to the Member, Board of Revenue for re-hearing of the revision petition in accordance with law. In view of the terribly long period that this dispute had being lingering on the hope was expressed that the learned Member, Board of Revenue will he able to dispose of the revision petition within two months of the receipt of this Court's decision and the records of the case.
2. ' The learned Member, Board of Revenue, however, disposed of the matter after about ten months (by his order dated 25-10-1987) but unfortunately instead of deciding it on mertis remanded the case for trial afresh to the Deputy Commissioner, Quetta, in accordance with law. This unfortunate order was challenged in the Constitutional jurisdiction before the High Court of Baluchistan at Quetta and the learned High Court was pleased to accept the Constitutional petition and set aside the order of remand passed by the Member, Board of Revenue dated 25-10-1987. However, the High Court instead of asking another Member, Board of Revenue to decide the matter on the merits decided to restore the orders passed by the Deputy Commissioner and the Additional Commissioner, Quetta Division. The case is now before us again wherein the last mentioned order of the High Court is questioned.
3. ' We have heard Mr. A.R. Sheikh in support of this petition.
4. We consider that the contention, inter alia, that the case having been remanded by this Court to the Member, Board of Revenue, the final decision was expected to be taken by it and even if the order of remand passed by the Member, Board of Revenue was found to he not justified in law the matter should have been entrusted to another Member, Board of Revenue fot its decision on merits, requires further consideration.
5. ' Security shall be furnished in the sum of Rs, 10,000.
6. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any and fixed for hearing during the next session of this Court at Quetta.