Law:

Section:

(a) Representation of the Peoples Act (LXXXV of 1976)-----Ss. 52 & 67 (3)--Election petition--A respondent in election petition neither appearing before Election Tribunal nor contesting proceedings and remaining un-represented throughout--Right of such respondent before Supreme Court--Factual aspect of submissions of said respondent, held, could not be taken note of or dealt with except in so far as same got adjudicated in contest between main contestants. Islamic Republic of Pakistan v. Abdul Wali Khan P 1, D 1976 S C 57; Sher Muhammad v. Crown P L D 1949 Lah. 511 and Muhammad Saeed v . Election Petition Tribunal P L D 1957 S C (Pak) 91 ref. (b) Representation al the Peoples Act (LXXXV d 1976)----_S. 62- [as amended by Representation of the Peoples (Sixth Amendment) Ordinance (XVIII of 1985]--Trial of Election petition-­procedure to be followed after amendment of S. 62 of Ordinance, 1985, held, would be in accordance with procedure laid down by Election emission subject of course to provisions of Act LXXXV of 1976 and Rules made thereunder-However, Election Tribunal would have all the powers of a civil Court trying a suit under Civil Procedure Code, 1908--Such Tribunal would be deemed to be a civil Court within meaning of Ss. 476, 480 a 482 of Criminal Procedure Code, 1898. (c) Civil Procedure Code (V of 1908)----S. 2(9)(14) and O.XX, R.4--Terms " " and "order"--Meaning and connotation of. [Words and phrases]. "Judgment" has been defined in section 2, clause (9) of the Civil Procedure Code as " means the statement given by the Judge of the grounds of a decree or order" and order has been defined in clause 14 of the same section as "formal expression of any decision of a civil Court which is not a decree". Further, Order XX, Rule 4, sub-Rule (2) prescribes that of Courts other than the Court of a small causes "shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". Rule 5 of the same Order provides "in suits in which issues have been framed the Court shall state its finding or decision with reasons therefore, upon each separate issue, unless the finding upon any one or more of…

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