Law:

Section:

Civil Procedure Code (V of 1908)-------O.XLI, R. 31 & S. 115---Appellate Court recording no findings on specific issues---Even conclusion and inferences gathered and drawn by Trial Court had not been touched and commented upon by Appellate Court---Appellate Court, thus, failed to dilate upon important questions including that of limitation and plea of adverse possession and same had gone unresolved---Issues framed on material facts and evidence recorded thereon, did not receive due consideration by Appellate Court---Where important points of law or mixed question of law and fact were involved in 'lis' Appellate Court must indicate and identify same and give reasons for its decision---Course adopted by Appellate Court in non-recording findings on issues was in .total disregard of provisions of O.XLI, R. 31, C.P.C.---Specific rule of O.XLI,, C.P.C. under which remand had been directed had also not been indicated---Ambiguity on that score, particularly for Trial Court, would also prevail thereby---Remand order passed by Appellate Court was set aside. and appeal was remitted for proper adjudication encompassing all points and embracing entire field of controversy for determination by District Judge himself. Miran alias Mir Muhammad v. Ghulam Hussain PLD 1985 Kar. 674 and Ch. Abdul Kabeer v. Mian Abdul Wahid and others 1968 SCMR 464 rel. JUDGMENT Mushtaq Ahmad, predecessor-in-interest, of respondents/plaintiffs, sued the petitioner/defendant for possession of a piece of land measuring 15 Marlas in Killa No.6, Square No.589/2 of village Muhammad Nawazpur, Tehsil and District Bahawalnagar. 2. As averred in the plaint, a Kotha constructed over 5 Marlas was given for temporary residence to the petitioner/defendant, who, after six months, allegedly encroached adjoining piece of 10 Marlas of land, by pulling down boundarywall, without any justification, entitlement and permission, and thus unauthorizedly occupied it. 3. Averments and claim were duly controverted, repudiated and traversed in the written statement. In this' way. suit was resisted not only on factual plinth but also on legal grounds. It was pleaded that action was barred by limitation, same was not…

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