Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Decision of two suits through single ---Appeal---Application for additional evidence---Decision of appeal without disposing of application---Effect---Trial Court decided two suits through single without consolidating the same---Validity---Parties had produced evidence independently and separately in both the suits---Disposal of suits through single was illegal in the eye of law without consolidating the same---When evidence had been recorded separately, suits could not be decided through single ---Appellate Court without adjudicating the application for production of additional evidence had decided the appeal---Appellate Court was bound to decide the application first and then take recourse to the merits of appeal---Appellate Court had failed to exercise its jurisdiction which had caused miscarriage of justice---Judgments and decrees passed by both the courts below were set aside and matter was remanded to the Trial Court for decision afresh within specified period. THIS ORDER PASSED BY: YAR MUHAMMAD, JUSTICE:---.--- Through this order I intend to dispose of Civil Revisions Nos. 62 of 2014 and 63 of 2014 as they have arisen from same judgment. 2. Petitioner Mohammad Baitham on 14-05-1998 filed suit No. 62/98 against the respondents while the respondents on 04-12-1998 also filed Suit No. 189/1998 against the said Mohammad Baitham in the Court of Civil Judge Gilgit. The learned trial Judge while proceeding with the suits obtained written statements from the respective defendants, framed issues and accordingly the parties produced their evidence pro and contra in each suit and on completion of the trial the learned counsel for the parties advanced their arguments separately in both the Suits, but the learned trial Court disposed of the suits through his single judgment dated 26-11-2013 vide which Suit No. 62/98 filed by petitioner Muhammad Baitham was dismissed whereas the suit No. 189/98 filed by the respondents was decreed. 3. Feeling aggrieved and dissatisfied with the said judgment, petitioner Muhammad Baitham called the same in question through a single appeal filed before District Judge. During pendency…

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