Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.31

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R.31---Dispute as to gift deed---Evidence of witness not recorded onoath---Effect---Trial Court decreed the suit but Appellate Court reversed the said on the ground that attorney of plaintiff did not record his statement on oath---Validity---Appellate Court had not rendered its findings with regard to validity of gift deed---Appellate Court was bound to render findings after determination of important points involved in the case---Material issue regarding validity of gift deed had remained unattended before the Appellate Court---Appellate Court had failed to formulate points of determination with regard to all the issues arising out of impugned and decree before it---When Appellate Court had disbelieved the statement of attorney of plaintiff for the reason that he did not administer oath then matter was to be remanded to the Trial Court for recording of evidence of said witness on oath---No one was to be prejudiced for the act and omission of the Court---Impugned and decree were set aside---Case was remanded to the Trial Court with the direction to administer oath to the attorney of plaintiff and record his statement and decide the matter on its own merits---Revision was allowed in accordingly. Nazir Ahmed v. District Council through Chairman District Council, Sargodha 2003 YLR 2052 distinguished. Obaidullah Khan v. Umer Hayat Khan and others 2011 YLR 1731 rel. (b) Act of Court--- ----No one to be prejudiced for the act and omission of the Court. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Mst. Razia Begum (deceased) plaintiff filed a suit for declaration that she is owner in possession of the suit property vide unregistered deed dated 21.09.1944. Defendants contested the suit by filing their written statements. Defendant No.1 not only denied the existence/validity of the aforesaid deed but has further claimed that his father Muhammad Asghar Khan has gifted him 2/3rd share in the suit property vide gift deed dated 25.07.1979. He further stated that his deceased father has distributed all his property among his legal heirs. The facts of the case are that Muhammad Asghar Khan had two wives first namely…

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