Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Judgment in appeal---Duties of appellate court---Plaintiff challenged all issues which were decided by Trial Court---Contention of defendant was that when there was one specific/crucial issue, court was not bound to decide all issues---Validity---Trial Court was duty bound to decide all issues or to frame points for determination in accordance with O. XLI, R. 31, C.P.C. and then to decide said points---When plaintiff had challenged execution of sale deed and appeared before court and stated on oath that she did not get the sale deed registered then onus was shifted on defendant for which specific issues were framed---Appellate court had committed fatal defect by ignoring mandatory provisions of procedure---While exercising jurisdiction under S. 115, C.P.C., court was not to interpret evidence led by parties and it was duty of appellate court to decide issues after preponderance of evidence---Judgment passed by appellate court was not sustainable under the law, same was set aside---Civil revision was allowed accordingly. (b) Civil procedure Code (V of 1908)--- -----S.115---Revision---Scope---While exercising jurisdiction under S. 115, C.P.C., court was not to interpret evidence led by parties. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision petitioner has challenged the judgment and decree dated 19.9.1996 passed by the learned District Judge, Khanewal whereby appeal filed by the petitioner was dismissed and judgment and decree dated 24.1.1996 whereby a suit for declaration filed by the plaintiff-petitioner was dismissed. 2. Brief facts of the case are that plaintiff-petitioner on 20.01.1991 filed a suit for declaration challenging therein registered Sale Deed No. 1561/1 registered on 1.11.1990 in favour of defendant No. 1 allegedly executed on behalf of the plaintiff-petitioner. Written statement was filed, suit was contested. Learned trial court framed the issues, invited the parties to produce their evidence. Both the parties produced their respective oral as well as documentary evidence. Learned trial court dismissed the suit vide judgment and decree dated…

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