Law: Civil Procedure Code (V of 1908)

Section: 31

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Judgment---"Speaking "---Points for determination---Scope---Appellate Court without discussing oral evidence of parties and points for determination raised during the hearing proceeded to reverse the findings of Trial Court through a half page findings---Judgment rendered by the Appellate Court was not a "speaking "---Oral evidence led on record had been simply ignored and not discussed---Contentions of the parties raised during the hearing of appeal had not been mentioned in the impugned findings---Appellate Court had ignored the basic provision contained in O. XLI, R.31, C.P.C.---Appellate Court should state points arising for determination and its decision thereon and reasons for its decision---'Points for determination' referred to all the important questions involved in the case---Reasons should be given in the for the decision arrived at---Appellate Court was required to state its own reasons for arriving at its conclusion---Appellate Court had failed to mention the points for determination or record his own independent reasons for arriving at its conclusions different from the Trial Court opinion/findings---Impugned passed by the Appellate Court was not in accordance with law which was set aside---Appeal should be deemed to be pending before the Appellate Court and same should be decided afresh in accordance with law after opportunity of hearing to the parties---Revision was allowed in circumstances. Syed Iftikhar-ud-Din Haidar Gardezi and 9 others v. Central Bank of India Ltd. Lahore and 2 others 1996 SCMR 669; Punjab Industrial Development Board v. United Sugar Mills Limited 2007 SCMR 1394 rel. THIS ORDER PASSED BY: ABDUL SATTAR, JUSTICE:---.--- Through this civil revision, the petitioners have called in question the impugned judgment and decree dated 31.1.2014 passed by the learned Additional District Judge, Bhakkar, allowing the appeal of the respondents filed against the judgment and decree dated 18.6.2013 passed by the learned Civil Judge, Bhakkar, by which, a declaratory suit had been decreed in favour of the petitioners. 2. Brief facts of the case are that petitioners/plaintiffs Khalid Aziz…

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