Law: Civil Procedure Code (V of 1908)

Section: 31

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 31---Judgment in appeal---Points for determination, non-framing of---Effect---Appellate Court had failed to frame points for determination which otherwise was departure from mandatory provisions of O. XLI, R. 31, C.P.C.---Trial Court framed sixteen issues and findings were also given on all the issues---Appellate Court had not given issue-wise findings while reversing findings of Trial Court---Appellate Court was competent to reverse findings of Trial Court but not without framing of proper points of determination decision thereon and reasoning thereof---Judgment of Appellate Court in absence of proper points of determination or reasons for decision would not satisfy the requirements of O. XLI, R. 31, C.P.C.---Neither the Trial Court nor the Appellate Court had discretion to pass any decision but what the law required---Appellate Court in order to reverse the findings of Trial Court was required to examine every aspect and record its reasons to justify reversal of the adjudication passed by the Court below---Impugned passed by the Appellate Court was not maintainable, in circumstances---Judgment passed by the Appellate Court was set aside and case was remanded by the High Court to the said Court for fresh decision after providing opportunity of hearing to the parties in accordance with law---Second appeal was allowed, in circumstances. (b) Maxim--- ----"A communi observentia non est recedendum"---If a thing is required to be done in a particular manner, it has to be done in that manner, if not, would be unwarranted under the law. THIS ORDER PASSED BY: SALAHUDDIN, PANHWAR, JUSTICE:---.--- Through instant appeal, appellant has challenged dated 23.12.2006, and decree dated 05.01.2007 passed by the lower Appellate Court in Civil Appeals Nos. 151/2005 and 152/2005 whereby both aforesaid appeals were allowed. The record reveals that two Civil Suits bearing Nos.761/1986 and 19/1987 were filed in this Court at its principal seat at Karachi, by the respective parties against each other which were consolidated, but subsequently transferred to the Court of VI Senior Civil Judge, Karachi South on count of pecuniary…

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