Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XLI,R.27,31

Civil Procedure Code (V of 1908) --- ----O. XLI, R. 31---Suit for declaration---Judgment in appeal---Points for determination, non-framing of---Effect---Appellate Court was to scan and examine the material available on record as well as evidence adduced by the parties---Compliance of O. XLI, R. 31, C.P.C. was mandatory in nature and Appellate Court could not evade the said provision---Appellate Court had failed to record reasons upon each and every issue framed by the Trial Court; to decide the controversy in the purview of evidence adduced by both the parties; and no reason had been furnished while dismissing the appeal---Appellate Court had failed to comply with the mandatory provisions of O. XLI, R. 31, C.P.C. while deciding the matter---No points for determination had been framed by the Appellate Court nor any findings had been recorded on the same---Matter was remanded to the Appellate Court with the direction to decide the same afresh---Revision was allowed accordingly. 2018 SCMR 76 and 2018 SCMR 1616 ref. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN TUNIO, J.--- The applicant Ali Muhammad has filed the application under section 151, C.P.C. against the impugned judgment dated 07.11.2018, passed by learned Additional District, Judge III, Dadu in Civil Appeal No. 41 of 2016 and impugned judgment dated 26.03.2016 along with decree dated 31.03.2016 passed by learned Senior Civil Judge Dadu in F.C. Suit No. 02 of 2012. 2. Briefly, facts of the present revision application are that a dispute was on-going between the present applicants and private respondents over the construction of a marriage hall surrounded by residential area. After a sit-in between the parties, regulations were agreed upon between the parties over how the marriage hall would be run and the dispute was resolved. However, the applicants began the construction of second floor of the marriage hall which was objected upon by the private respondents. As a result, the private respondents filed a F.C. Suit No. 02 of 2012. 3. Allegedly, F.C. Suit No. 02 of 2012 was filed by the private respondents for declaration and permanent injunction against the defendants Nos. 3 to 7. After considering the…

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