The Supreme Court (SC) has held that the power to remand cases to subordinate courts for a fresh hearing is an exceptional and corrective jurisdiction and cannot be exercised as a matter of routine.
The court said appellate courts are duty-bound to decide disputes themselves when the record is complete, instead of sending litigants into prolonged litigation.
According to a detailed judgment, a two-member bench comprising Chief Justice of Pakistan Yahya Afridi and Justice Shahid Bilal Hassan converted a petition filed by Muhammad Zubair into an appeal and allowed it.
The case involved a family dispute concerning khula, dower, gold jewelry, and maintenance of children.
The judgment emphasized that appellate courts should not remand cases unnecessarily where they have sufficient material before them to decide the matter.
It said remand should remain an exceptional step, used only as a corrective measure when required.
The ruling makes clear that courts must avoid delays and ensure that litigants are not forced to face extended legal proceedings when the dispute can be resolved on the basis of the existing record.