1. ' Mr, Abdul Sattar Khan, Advocate learned counsel for the petitioners and Mian Muhammad Younis Shah, Advocate learned counsel for the respondents present and heard at length. Record of the case perused.
2. 2, This revision petition, filed against the order of the Additional District Judge, Peshawar (Mr. Ihsanullah Khan Baber), recorded on 5-12-1993, whereby he had remanded the case to the trial Court with the directions that the plaintiffs shall file the amended plaint and thereafter the case shall be processed further, is wholly misconceived because by the said order the District Judge has allowed amendment of the plaint which would not fall under the category of "case decided". In this respect I am supported by the following two cases decided by the Hon'ble Supreme Court of Pakistan:--
(1) 1969 SCM R 965: ' Present: Hamoodur Rehman and Muhammad Yaqub Ali, Nawabzada Malik Habibullah Khan v.
3. ' The Pak Cement Industries Limited and others "Civil Procedure Code (V of 1908), S.115 & O.XIII, R.2---Party permitted by Court to place on record certain documents after framing of issues---Such order admitting or declining to admit evidence oral or documentary not "case decided" so as to attract provisions of S. 115."
(2) 1971 SCM R 507: ' Present: Muhammad Yaqub Ali, M.R. Khan and Waheeduddin Ahmad, Ch, Ahmed Din and 2 others v.
4. ' The Australasia Bank Ltd., Bahalwal "Civil Procedure Code (V of 1908), S. 115 & 0,VI, R.17---Words "case which has been decided"---Order allowing amendment of plaint---Not a "case decided"--- High Court not competent to entertain revision application against such order."
5. 3, This revision petition is, therefore, without any substance and is accordingly dismissed with costs.