| Citation(s) |
|---|
| 2010 SLG 2758 = 2010 SLD 2758 = 2010 MLD 954 |
Lahore High Court
Civil Revision No.990 of 2002, heard on 9th July, 2009.
Presented By: Abdul Sattar Goraya, J
Ch. Ehsan-ul-Haq for Petitioner. Imran Javed Gill for
Respondents.
Civil Revision No.990 of 2002, heard on 9th July, 2009.
Presented By: Abdul Sattar Goraya, J
Ch. Ehsan-ul-Haq for Petitioner. Imran Javed Gill for
Respondents.
ZULFIQAR ALI KHAN---Petitioner
VERSUS
MUHAMMAD HAYAT and another---Respondents
Law:
Section:
Civil Procedure Code (V of 1908)--- ----O.XX, R.5---Failure to record issue-wise finding---Scope---Appellate Court had recorded finding only to the extent of one issue---Remaining issues were left unattended---Counsel for the defendant conceded and stated that he had no objection if the case was remanded to Appellate Court for recording issue-wise finding---Validity---Appellate Court having not rendered judgment issue-wise, committed material illegality and irregularity in exercise of its jurisdiction. Ch. Ehsan-ul-Haq for Petitioner. Imran Javed Gill for Respondents. Date of hearing: 9th July, 2009. JUDGMENT ABDUL SATTAR GORAYA, J.---By means of this revision petition the judgment and decree, dated 22-1-2001 passed by the learned Additional District Judge has been brought under challenge. 2. Facts as borne out from the pleading of the parties in brief are that the petitioner is agriculturalist by profession and keeps his residence and abode in Chak Ghumnana Tehsil and District Jhang and getting good reputation in that part of the area and he is commanding influence. Respondent No.1 transferred the land measuring 53 kanals, 15 marlas through registered Sale-deed No.3578/1, dated 29-9-1994 to Allah Yar father of the suitor for an amount of Rs.5,00,000 and the possession of the land was also handed over after receiving the sale price. After execution of the registered sale-deed 11 months later, the respondent with mala fide intention and in bad faith, just to cause a damage to the good name of the suitor got registered a Crime Case No.601, dated 13-8-1995 under sections 420, 468, 471 and 506. P.P.C. with Police Station Sadar Jhang against the petitioner and his father. In the said crime report it was alleged that the petitioner and his father committed calculated fraud with him and got transferred the property. The case was investigated and on conclusion of the investigation, the case was found to be false end the police recommended cancellation of the case which cancellation report under section 173, Cr.P.C. was approved by the learned Judicial Magistrate on 21-12-1996. Resultantly, the case against the petitioner was cancelled. The learned…