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Petitioner: FARZANA through L,Rs, VS Respondent: NIKKA alias HASOO through Mst. Allah Wasai and others
Court Name: Lahore High Court Judge(s): Mian Hamid Farooq Title:FARZANA through L,Rs, vs NIKKA alias HASOO through Mst. Allah Wasai and
others Case No.: Civil Revision No,2646 of 2001 Date of Judgment:2006-06-20 Reported As: 2007 YLR 898 Result: Case remanded Judgment ORDER ' MIAN HAMID FAROOQ, J.- Learned counsel for the petitioner states ,that the lower Appellate Court has erred in law while failing to render findings on all the issues, thus it violated the mandatory provisions of Order XX, rule 5 read with Order XLI, C.P.C. Latter, when confronted, submits that he has no objection to the remand of the case with the direction to the lower Appellate Court to decide the appeal, afresh, after giving findings on all the issues. 2. In view of the consensus of the learned counsel for the parties, the present revision petition is allowed and impugned judgment and decree dated 19-9-2001 is set aside. Resultantly, the appeal filed by the respondent titled "Nikka etc. v. Faraza etc." shall be deemed to be pending before the learned District Judge, Bhakkar, who shall himself decide the matter, afresh, after hearing the parties and of course in accordance with law within a period of three months from today. No order as to costs.