Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Judgment in appeal---Points for determination---Scope---Appeal was in continuation of suit and Appellate Court was final court of facts---Dismissal of appeal at preliminary stage without hearing the other side to be discouraged---Appellate Court was bound to state points for determination and reasons for decision thereon---Said court was required to deal with each and every aspect of the case while hearing appeal by re-opening the entire controversy---Appellate Court was bound to go through the entire evidence recorded by the Trial Court and discuss threadbare for its satisfaction---Appellate Court had decided the appeal in limine without calling the record of the present case---Appellate Court was under legal obligation to decide the dispute in the manner prescribed under O.XLI, R.31, C.P.C. which was mandatory provision of law otherwise would not be in accordance with law---Appellate Court was to decide finally all the questions of facts and law involved in the case as of Trial Court would disappear and merge in the of said court and same would only remain in existence---Judgment of Appellate Court should contain the points for determination of dispute and same should have reasons for decision which were lacking in the impugned ---Impugned was set aside and case was remanded to the Appellate Court for decision afresh on merits in accordance with law---Revision was accepted in circumstances. Abid Hussain v. Mst. Afsar Jehan Begum and others PLD 1973 SC 1 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Judgment in appeal---Points for determination---Object---Object of O.XLI, R.31, C.P.C. was to provide a pavement to the Appellate Court for writing a good, characteristic and self-explanatory . JUDGMENT ROOH-UL-AMIN KHAN, J.--- Through the instant revision petition, the petitioner has called in question the judgment and decree dated 8-8-2011 passed by the learned Additional District Judge-V, D.I. Khan, vide which her appeal against the judgment and decree dated 21-2-2011 of learned Civil Judge-III, D.I. Khan has been…

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