Well settled principle that on remand the learned Court trying the suit has to regulate the proceedings or proceed with the case in terms of order of remand passed ..............

 It is well settled principle that on remand the learned Court trying the suit has to regulate the proceedings or proceed with the case in terms of order of remand passed by the higher Court. Attempt to sidetrack issue or decision in a manner, not directed by Higher Court, can result into defiance of remand order.

Perusal of Order XLI Rule 23 of the Code does not reflect if the legislature has envisaged to discard the pre-remand evidence altogether. It says the evidence recorded during the trial shall be the evidence after remand, which is subject to all just exceptions. The case has to be re-admitted by the learned trial Court on the number allocated to it originally in the register.

R. F. A. No. 92515 of 2017
Shahid Hussain versus Abdul Jabbar Tassaduq
2024 LHC 4970