Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.31,O.II,R.2

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.31,O.II,R.2

Civil Procedure Code (V of 1908)-------O. XLI, R. 31---Specific Relief Act (I of 1877), S.8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Suit for possession---Contents of ---Scope---Suit was dismissed by Trial Court and Appellate Court below, but on second appeal, High Court remanded case to Appellate Court for decision afresh---Validity---Provisions of R.31 of O.XLI, C.P.C., relating to contents of of Appellate Court, were mandatory---First Appellate Court was also a court of facts, and it was enjoined upon the said court to decide each and every issue after discussing the evidence---If decision of appeal was possible after recording the finding on one or more issues, then it was not necessary to record finding of all the issues---In the present case Appellate Court below had not recorded findings issue-wise, but only resolved the question of limitation and question as to whether suit was hit by O.II, R.2, C.P.C., was not resolved---No issue was framed whether the suit was hit by O.II, R.2, C.P.C.---Appellate Court below delivered the in a telegraphic manner without discussing the facts or evidence on record---Appellate Court was obliged to record findings on each and every issue when the decision on the basis of findings on one issue was not possible---Two issues were crucial in the suit and without deciding said issues, appeal could not be decided---High Court, in circumstances, had correctly remanded the case to Appellate Court below for resolving of issues. Azad Government and another v. Mujahid Hussain Naqvi 2002 SCR 302 ref. Dr. Syed Ali Sajjad Bukhari and 6 others v. Sabir Ali Shah and 4 others 1987 CLC 229; Haji Abdul Jalil v. Anjuman Jame Masjid Haquani 1996 MLD 818 and 1997 CLC 1337 distinguished. Ch. Shah Wali Advocate for Appellants. Raja Saadat Ali Kayani Advocate for Respondent No.1. Date of hearing: 25th October, 2011. JUDGMENT MUHAMMAD AZAM KHAN, C.J.--- The captioned appeal by leave of the Court is addressed against the judgment and decree of the High Court dated 23rd October, 2007, whereby while accepting Civil Appeal No.228, the case has been remanded to the Additional District Judge Dudyal for fresh decision…

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