Law: Civil Procedure Code (V of 1908)

Section: 5

Civil Procedure Code (V of 1908)--- ----O.XX, R.5---Judgment---Issue-wise findings---Scope---Suit filed by plaintiffs was partially decreed by Trial Court in his favour while counter suit filed by defendant was completely decreed---Plea raised by plaintiffs was that Trial Court did not record issue-wise findings---Validity---Under mandatory provisions of O.XX, R.5, C.P.C. should contain findings on all issues separately but Trial Court did not bother to discuss issues separately---Trial Court discussed many issues together and recorded common findings on many issues, which was an illegality and was in contravention of mandatory provision of O.XX, R.5, C.P.C.---Civil Court was bound to strictly follow provisions of Civil Procedure Code, 1908, in letter and spirit and to save wastage of time which was to take place on account of its aberration---Chief Court set aside s and decrees passed by Trial Court as the same were result of material irregularity and illegality---High Court directed Trial Court to rewrite s and case was so remanded---Appeal was allowed, in circumstances. JUDGMENT ALI BAIG, J.--- Through the instant civil first appeal the appellants/plaintiffs have challenged the validity and propriety of impugned judgment/decree dated 12/12/2015 passed by learned Senior Civil Judge Skardu whereby the learned trial court has partially decreed the Suit No.17/06 titled Khawaja Muhammad Qasim and others v. Arif Aslam and others to the extent of recovery of Rs.900000/- and has dismissed the remaining part of Suit No.17/06, whereas the learned trial court has decreed the suit bearing No.140/07 filed by the present respondent No.1 titled Arif Aslam Khan v. Khawaja Muhammad Qasim and others as prayed for. Brief facts of the case have been narrated by the learned trial court in Paras Nos.1 and 2 of the impugned judgment which are reproduced as under: - The plaintiff namely Khawaja Qasim son of Khawaja Mehdi Jan resident of Skardu by Suit No.17/2006 has sought declaration and consequential relief against defendants Arif Aslam Khan owner of Shangrilla Resort, Deputy Commissioner Skardu and provincial Government. The said defendant has passed away during pendency of 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