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Suit regarding possession was filed against us, to which we submitted written statement and take several legal and factul objections including that plaintiff are not owners nor previous occupier, the very suit after pro and contra evidence was dismissed, plaintiff filed appeal and later on filed an application for amendment (wants to include prayer of declaration) the appellate court accepted the application and remanded the case back to trial court, what should be my remedy before high court revision or appeal, and also explain order43 (u) CPC in the context
Apeal
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M (-)
Aslam o Alikum, Agitate the Appeallant order before High Court. Order 43 of CrPC is too comprehensive and practical so I am unable to explain here. Muhammad Faysal Ghazi Adv *******
High Court Lahore | Chamber No. 49/50, Sufi Barkat Ali Building, District Courts Faisalabad
City: Faisalabad | 23-25 Years Experience | B.A, LL.B,LL.M (-)
Go with the Appeal under Order 43 Rule 1. Revision can only be file when there is no remedy of Appeal is available, in this case you have the remedy of filing 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 of declaration) 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) (-)
You can file revision before High court. Order 43 CPC provides appealable orders.
High Court Islamabad | Chamber # 31, District Courts, Attock.
City: Attock | 5-7 Years Experience | LL.B (Honours) (-)
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