Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---"Judgment" in appeal---Points for determination---Scope---Appeal was continuation of the lis where whole case would open---Provision of O. XLI, R. 31, C.P.C. was mandatory in nature---Appellate Court, while writing was bound to follow the prescribed procedure within its letter and spirit---Framing of points for determination could not be denied---Appellate Court, in the present case, had not discussed a single piece of evidence brought on record, whereas it was a matter of record that Trial Court had given findings on many aspects while referring the documents produced by the parties---Judgment of Appellate Court would not qualify the meaning of " " when it appeared to be lacking in reasoning to its conclusion---Scope of appeal was much broader than that of revision---Appellate Court had not applied its judicial mind---Revision was accepted and case was remanded to the Appellate Court for decision afresh in accordance with law within specified period. 2010 SCMR 1868 and 2006 SCMR 1185 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Judgment---Points for determination---Scope---Purpose for framing points for determination in the was to have all legal and factual controversies judicially determined which were agitated or had come out from the of lower court. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Revisional court should examine whether illegality or irregularity or excess/non-exercise of jurisdiction would cause prejudice to the applicant or otherwise. ORDER SALAHUDDIN PANHWAR, J.---Through instant civil revision application, applicant has challenged the judgment dated 30-5-2012, recorded, by Ilnd Additional District Judge, Sanghar in Civil Appeal No.12/2008, whereby learned appellate Court maintained the judgment passed by trial Court in F.C. Suit No.16/2005 (Re-Mst. Sarwat Bano v. Province of Sindh and others). 2. Succinctly, the facts of the case are that an agricultural land bearing Survey Nos.512/1 to 4; 513/1 to 4; 514/1 to 4; 515/1 to 4; 516/1 to 4, total area 59-35 acres, situated in Deh Samerjo. Taluka Khipro, District Sanghar…

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