Law: Criminal Procedure Code (V of 1898)

Section: O.XLI,R.31

Law: Constitution of Pakistan, 1973

Section: 10-A

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 31---Constitution of Pakistan, Art. 10-A---Suit for declaration and cancellation of revenue entries---Sale mutation---Judgment in appeal---Points for determination, non-framing of---Effect---Right of fair trial---Scope---Contention of plaintiff was that impugned sale mutation was based on fraud and collusion with the revenue officer---Suit was dismissed concurrently---Validity---Issues framed, evidence recorded and written statement filed by the defendants had not been taken into consideration---Neither deposition of witnesses had been discussed nor findings on issues had been recorded in accordance with law on its true perspective---Appellate Court had recorded its findings in a cursory manner---Impugned passed by the Appellate Court was non-speaking in circumstances---Appellate Court had failed to decide appeal as per provisions of O. XLI, R. 31, C.P.C., 1908---Documents available on record were not considered properly by the Courts below---Parties to the suit had not been afforded fair opportunity by the Trial Court---No one could be condemned unheard---Impugned s and decrees passed by the Courts below were result of mis-reading and non-reading of evidence which were set aside---Matter was remanded to the Trial Court with the direction to provide full and fair opportunity to the parties to defend their claim and decide the same afresh in accordance with law---Revision was allowed accordingly. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Civil Revision Petition No.16 of 2013 filed by petitioner against the judgment and decree dated 20-10-2010 passed by Senior Civil Judge, Hub (hereinafter referred as "the trial Court") and judgment and decree dated. 19-10-2012 passed by learned District Judge, Lasbella at Hub (hereinafter referred as "the appellate Court"), respectively; whereby the suit and appeal filed by the petitioner were dismissed. 2. Brief facts arising from the instant petition are that the petitioner filed a suit for declaration, cancellation, rejection of Revenue entries and permanent injunction in the Court of Senior Civil Judge, Hub against the respondents…

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