Law: Civil Procedure Code (V of 1908)

Section: S.100,96,O.XLI,R.31

Law: Civil Procedure Code (V of 1908)

Section: S.100,96,O.XLI,R.31

Law: Constitution of Pakistan, 1973

Section: 10A

(a) General Clauses Act (X of 1897)-------S. 24-A---Speaking order---Scope---Judicial order must be a speaking order maintaining by itself that court has made an endeavour to sift grains from chaff for resolution of issues involved for their proper adjudication---Ultimate result may be reached at by diligent effort but if final order does not bear imprint of that effort and in contrary discloses arbitrariness of thought and action, such justice has neither been done nor seems to have been done is inescapable. Muhammad Akhtar v. The State PLD 1957 SC 297; Mollah Ejahar Ali v. Government of Pakistan and others 20 DLR 221=PLD 1970 SC 173; Gouranga Mohan Sikdar v. The Controller of Imports and Exports and 2 others PLD 1970 SC 158 and Ms. Clare Benedicta Conville and others v. Mst. Sabahat Idrees and others 2009 SCMR 851 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss. 96, 100 & O. XLI, R.31---Specific Relief Act (I of 1877), S.42---Suit for declaration---Judgment of Appellate Court---Necessary ingredients---Suit was decreed by Trial Court and Lower Appellate Court in favour of plaintiff---Plea raised by defendant was that Lower Appellate Court did not consider evidence on record and did not come to independent conclusions---Validity---Court of first appeal was duty bound to deal with all issues, as first appeal was a valuable right in which both questions of law and facts were to be considered and in first appeal was to address itself to all issues of law and facts and decide it by giving discrete reasoning---Appeal under section 96 C.P.C. was a substantive right conferred by statute and it was continuation of proceedings, which had come entirely upon first appellate court, carrying with it a right of rehearing of law and facts as well as reviewing pleadings and evidences afresh---Duty was cast upon Lower Appellate Court to re-examine pleadings and evidence on record and then determine relevant issues---Lower Appellate Court had to marshal facts and evidence in both cases of reversal as well as affirmance---Where of Lower Appellate Court was of reversal the Appellate Court should consider all relevant and material evidence on record and give reasons for its…

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