Law:

Section:

Civil Procedure Code (V of 1908)--­ --=-O.XLI, R.31---Judgment of Appellate Court---First Appellate Court reversing finding of trial Court on specific issue but not deciding as to what would be effect of setting aside finding of such issue---Merely setting aside finding on specific issue would lead parties nowhere---Reasons for setting aside findings on specific issue were not given and no evidence in that respect was discussed---Valuable rights of parties in respect of suit property being involved, decision given by trial Court on merits should properly have been subjected to judicial scrutiny by First Appellate Court and evidence on each issue should have been discussed before deciding appeal---Judgment of First Appellate Court being not in keeping with legal requirements, same could not be sustained---First Appellate Court was directed to decide appeal in accordance with provisions of O.XLI, R. 31, Civil Procedure Code, 1908. 1987 C L C 2281 and PLD 1975 Lah. 1170 and 1175 rel. JUDGMENT The facts and circumstances in which this revision application has been filed are that the applicant filed a suit for declaration and permanent injunction against the respondent seeking to declare the order. dated 24-10-1973 passed by respondent No.2 as illegal, void ab initio and inoperative against the rights of the plaintiff of property No.1 A. 536-A situated as Shah Bazar, Khairpur. This suit was dismissed on merits by the Senior Civil Judge IInd, Khairpur by judgment dated 30-9-1989 and an appeal against the judgment and decree was filed by the applicant in the District Court, Khairpur being Civil Appeal No.82 of 1989, which too has been dismissed by judgment dated 13-2-1991. It is in fact 'against these two concurrent findings that the present revision application has been filed though in the memo of revision application, the applicant seeks the setting aside of the order of First Appellate Court dated 13-2-1991. It may be relevant to mention here that the First Appellate Court while deciding the appeal of the applicant had set aside the finding of the trial Court on issue No.5 and in the result also set aside the findings on issue Nos.1 and 3 and the appeal was…

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