Where a special law is silent on a particular point, there is no bar in having recourse to the provision of general law except that the provision of general law is inconsistent with the provision of special law

1989 CLC 1805

KARACHI-HIGH-COURT-SINDH

Side Appellant : MUZAFFAR ALI

Side Opponent : MEHRUN NISSA

West Pakistan Family Court Act 1964

S. 14--Appeal--Power to hear appeal includes impliedly if not expressly, the power to confirm or set aside the judgment of Family Court or to remand the case for retrial on any issue or to frame any other issue which arises out of pleadings, but was omitted to be framed by the Family Court, and which was necessary for proper adjudication of the case, resulting in injustice to either party-Provision of S.14 of the Act although does not specifically mention the power of remand, yet the section does not even make a mention of allowing or dismissing the appeal--Where a special law is silent on a particular point, there is no bar in having recourse to the provision of general law except that the provision of general law is inconsistent with the provision of special law --Order for a remand would be implicit in the power of hearing an appeal and deciding the case either by confirming the judgment or dismissing it or ordering for rehearing the entire case or on a particular issue.