Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Judgment in appeal contents---Points for determination---Scope---Provisions of O. XLI, R. 31, C.P.C. were mandatory in nature---Appellate Court was bound to decide each and every issue after discussing the evidence but if decision of appeal was possible after recording findings only on one or more issues then recording of issue-wise findings was not necessary---Appellate Court had not recorded issue-wise findings and had failed even to point out all the issues involved in the present case---Appellate Court having set aside the of Trial Court was bound to record findings issue-wise but same had not been done---Impugned passed by the Appellate Court was not in accordance with the provisions of O. XLI, R. 31, C.P.C. and same was not maintainable---Appeal was accepted and s of High Court and Appellate Court were set aside and case was remanded to the Appellate Court for recording decision issue-wise. WAPDA and another v. Messrs Khanzada Muhammad Abdul Haque Khan Khattak and Company PLD 1990 SC 359; Syed Rehmat Ali through Legal Heirs and 2 others v. Syed Sadique Ali through Legal Heirs 1999 YLR 1656; Janat Bibi v. Sikandar Ali and others PLD 1990 SC 642; Manzoor-ul-Haq and 3 others v. Mst. Kaneez Begum 1993 CLC 109; PLJ 2007 SC (AJ&K) 143(sic); Bostan and 5 others v. Mst. Sattar Bibi and 11 others PLD 1993 SC (AJ&K) 24 and Jalal-ud-Din v. Mst. Rozman and 31 others 1013 SCR 29 ref. WAPDA and another v. Messrs Khanzada Muhammad Abdul Haque Khan Khattak and Company PLD 1990 SC 359; Syed Rehmat Ali through Legal Heirs and 2 others v. Syed Sadique Ali through Legal Heirs 1999 YLR 1656 and Janat Bibi v. Sikandar Ali and others PLD 1990 SC 642 distinguished. Allah Ditta and others v. Muhammad Sharif and others 2012 CLC 1274 and Mst. Sardar Begum and others v. Muhammad Ilyas and others 2013 SCR 433 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, C.J.--- The titled appeal with the leave of the court arises out of the judgment and decree of the High Court dated 24-4-2013, whereby appeal filed by the appellants, herein, has been dismissed. 2.…

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