Law: Family Courts Act, 1964

Section: 5,14, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----Ss. 5, Sched. & 14---Suit for recovery of dowry articles---Appeal---Scope---Appeal was a substantive right and was considered to be continuation of proceedings---Appellate Court was to rehear law and facts as well as review pleadings and evidence afresh while deciding appeal---Appellate Court was to decide all issues while disposing of appeal considering entire material on record---Appellate Court, in the present case, while deciding appeal had not considered evidence produced by the parties in support of their claims and had relied upon the findings of Trial Court, which was not correct---Impugned passed by the Appellate Court was without any reason---Prices of dowry articles had been fixed on the basis of estimate---Judgment of Appellate Court being result of mis-reading and non-reading of evidence was set aside and matter was remanded to the Appellate Court with the direction to decide the same afresh after appraisal of evidence---Constitutional petition was allowed, in circumstances. Umar Din v. Ghazanfer Ali and others 1991 SCMR 1816; Gul Rehman v. Gul Nawaz Khan 2009 SCMR 589; Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906; Muhammad Shabir Shah v. Mst. Dilshad Fatima and others 1991 CLC 786 and Mahmood ul Hassan v. Additional District Judge and others 2019 CLC 71 rel. (b) Appeal--- ----Appeal was continuation of the suit and appellate Court could render its findings after determination of points involved in the suit on each and every issue---Object of appeal was to review the whole case and secure a just upon merits. THIS ORDER PASSED BY: MUJAHID MUSTAQEEM AHMED, J.--- By filing this writ petition in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) the petitioner has assailed the legality and propriety of the judgment and decree dated 31.3.2017 passed by learned Addl. Distt. Judge, Khanewal whereby while modifying the judgment of the learned trial Court dated 28.7.2016 the appeal of Mst. Shahida Shafiq, respondent No.1 (the respondent) for recovery of dowry articles was allowed in the following terms: "In the given circumstances, the appeal…

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