| Citation(s) |
|---|
| 2013 SLG 2380 2013 SLD 2380 2013 YLR 454 |
Sindh High Court
Civil Revision Application No. 171 of 2010, decided on 11th September, 2012. DATE of hearing: 4th September, 2012
MUHAMMAD SHAFI SIDDIQUI, J
Haji Khan Hingorjo for Applicant. Saeed-ud-Din Siddiqi for
Respondent No. 11
Civil Revision Application No. 171 of 2010, decided on 11th September, 2012. DATE of hearing: 4th September, 2012
MUHAMMAD SHAFI SIDDIQUI, J
Haji Khan Hingorjo for Applicant. Saeed-ud-Din Siddiqi for
Respondent No. 11
MUHAMMAD AZAM
VS
Mst. KHURSHEED BEGUM and 9 others
Law:
Section:
Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Judgment in appeal---Framing of issues in appeal by Appellate Court---Scope---Suit for specific performance was dismissed concurrently---Plaintiff impugned of Appellate Court on the ground that no "points of determination" were framed by Appellate Court and therefore it had not complied with the provisions of O. XLI, R. 31 of the C.P.C.---Validity---Debate as to whether at the time of passing , the Appellate Court ought to have framed points for determination appeared to be immaterial when all material questions as raised were answered by the Appellate Court even though they might not have been framed point by point in numerical order---Framing of points of determination in fact and practically was the same as the issues framed by Trial Court and incorporated in the of Appellate Court---Three ingredients of O. XLI, R.31, C.P.C. stood complied with---Contention that points for determination had not been formulated in a sequential manner appeared to have lost force when all material questions had been answered and no separate findings were required as material points in controversy were addressed---No illegality in orders of courts below existed---Revision was dismissed. Hafiz Ali Ahmed v. Muhammad Abad PLD 1999 Kar. 354; Saindad v. Province of Sindh 1997 MLD 1009 and 1968 SCMR 464 rel. 2000 CLC 1352; 1992 CLC 1022; 2010 CLC 1931; 1992 CLC 1407 and 1991 CLC 1499 distinguished. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---This revision application is arising out of concurrent findings of two courts below. The judgment and decree of the trial Court were passed on 30-3-2007 whereas those of the Appellate Court were passed on 11-5-2010 and 13-5-2010 respectively. Learned counsel for the applicant submits that his case is within four corners of the revisional powers of this court. His main arguments are two fold; firstly that the Appellate Court has not framed the "points for determination" as required under Order XLI, Rule 31, C.P.C. and secondly it is based on gross misreading of evidence and documents placed in support thereof. Learned counsel for respondent has supported the judgments and decrees of the Trial Court as…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492