' This be considered as admitted case.
2. Brief facts in this writ petition are that respondent No.1 filed a suit for recovery of articles of dowry worth Rs.2,50,000. Suit was contested and was dismissed vide judgment and decree dated 11-11- 2002 by the learned Judge Family Court. Respondent No.1 being aggrieved challenged the same and the learned Appellate Court vide judgment and decree dated 4-7-2003 remanded the case to the learned trial Court to decide afresh on the basis of same evidence as contradictory pleas were taken by the learned trial Court about giving of dowry articles to the respondents No.1. Being aggrieved from this judgment and decree the petitioner has challenged the same in the instant writ petition.
3. Arguments advanced by learned counsel for the petitic ner are that decree of learned Judge Family Court was not produced 'n appealand the appeal was filed only against the judgment passed by the learned trial Court, the learned Appellate Court committed material illegality for remanding the case to decide the same on the basis of evidence already on record while treating the incompetent appeal as the copy of decree was not produced.
4. Learned counsel for the respondent submitted that plaintiff has got the right to get a decree from the learned trial Court first and then from the learned Appellate Court and the learned Appellate Court has rightly remanded the case to the learned trial Court.
5. I have heard the learned counsel for the parties and perused the record. The learned Judge Family Court has given findings vide judgment and decree dated 11-11-2002, dismissed the suit of the plaintiff giving findings on Issue No.1, rejected the list of dowry articles Exh.P.1 and observed that from the family circumstances the plaintiff's sisters are disabled and mother is blind, and one of her brothers was suffering from fever for the last three years. The family back ground of the plaintiff was not strong to give dowry articles and the plaintiff admitted in her cross-examination that her brother Manzoor Hussain was living in Saudi Arabia and he bought the articles of list Exh.P.1 and gave the same as dowry articles, although no receipts of same was produced. The learned trial Court decided Issue No.1 against the plaintiff for the reason that she failed to produce the receipts and discrepancies in evidence were material. The learned Appellate Court while hearing the appeal observed that the learned trial Court rejected the list Exh.P.1 and observed that Manzoor Hussain P.W. Might have contributed in giving the dowry articles to her and straight away dismissed the suit of the appellant as a whole, as such the conclusion arrived at by the learned trial Court it is contradictory and self-negating, therefore, the learned Appellate Court set aside the findings of learned trial Court on Issue No.1 and remanded the case to decide afresh.
6. Under section 14 of the West Pakistan Family Courts Act, 1964 and under section 96, C.P.C. An appeal is a matter inter parties with regard to matters in which the parties differ and it is the continuation of the suit.. The right of appeal is a substantive right, which is not inherent to a party in suit. It is specifically conferred by law and appeal always lies against the decree passed by a Court in the exercise of original civil jurisdiction. An Appellate Court may either confirm, vary or reverse the decree or order or remand the case, it can also pass a decree. Since in the impugned appeal the learned Appellate Court was fully empowered to decide the case on the basis of evidence on record, no justification existed to remand the case to the learned trial Court on the basis of same evidence on record, where the Court has exercised its original civil jurisdiction and dismissed the suit filed by the plaintiff, .Therefore, writ petition is accepted and the instant case is remanded to the learned Appellate Court to decide the same, on the basis of evidence existing on record after giving an order of production of decree passed by the learned trial Court, within two moths from receipt of this judgment.