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suit was filed against me which was dismissed by the civil court, appeals were filed against the said order later on application for amendment were file before the appellate court, the appellate court accepted the application and remanded back the case to civil court, being aggrieved of the said order what should be my remedy before high court appeal or revision or writ?
Plz, inform which type of suit filed against you
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M (-)
You have to file an Appeal
High Court Sindh | R-5, Sumaira Bungalows, Scheme 33, Gulzar-e-Hijri, Karachi
City: Karachi | 3-5 Years Experience | B.A, LL.B (-)
Since the appellate court allowed amendment of the plaint (to include relief) and remanded the case to the trial court, the order amounts to a remand order under Order XLI Rule 23-A of the Code of Civil Procedure 1908. The proper remedy against such an order is an appeal before the High Court under Order XLIII Rule 1(u) of the Code of Civil Procedure 1908, which specifically provides an appeal against orders of remand passed under Order XLI Rules 23 or 23-A. Because a specific right of appeal is available, a revision is generally not maintainable. Under Order 43 Rule 1(u), the High Court examines whether the remand was justified or whether the appellate court should have decided the appeal itself. If the High Court finds the remand improper, it may set aside the remand order and restore the decree or direct the appellate court to decide the appeal on merits. Contact me via Whtatsapp 0311****040 so that i can guide you more effectively.
Lower Court/District Court | 351 Kiyani Chambers Session Court Gujranwala
City: Gujranwala | 1-3 Years Experience | LL.B (Honours) (-)
If the appeal was accepted by the appellate court then you can file a revision petition before High court
High Court Islamabad | Chamber # 31, District Courts, Attock.
City: Attock | 5-7 Years Experience | LL.B (Honours) (-)
We provide multiple practice sessions specifically designed to help aspiring lawyers prepare effectively for the Law GAT (Graduate Assessment Test) as per outline.
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