Law:

Section:

Civil Procedure Code (V of 1908)-- ----0. XX, R.4(2), O.XLIs R.31 & S:2(9)---Law Reforms Ordinance (XII of 1972), S.3---Valid ---Essentials---Judgment written by Judge after his retirement---Effect---Most important ingredient of valid would be reasons or grounds for decision since validity of same in higher forum has to be seen from the reasoning and same has to be challenged by aggrieved party with reference to reasons---Aggrieved party was, thus, to attack reasoning of in appeal and not the narration of facts--Conclusions arrived at by Court would not be binding without reasoning, therefore, Courts insist that even in ex parte s, reasons should be clearly given---Decision by Court to be termed as must be based on reasons and failure to comply with such requirement would render the same nullity and unsustainable---Where Judge had retired or had relinquished charge to assume some other office, files were to be forthwith returned to office as, with retirement or relinquishment of office, Court would cease to exist---Single Judge soon after announcement of short order had retired and detailed containing reasons was scribed after retirement---Short order was, no in the eye of law, for it did not contain reasons on basis of which decision was made, while detailed order having been passed by the Judge after his. retirement was legally no in the eye of law---Orders of Single Judge viz. short order and detailed order were set. aside and case was to be deemed pending for decision.-[Judgment]. Ghulam Rahullah Khan v. Amir Sher Bahadar Khan and 142 others 1990 CLC 1883; Haji Muhammad Shafi v. Custodian, Evacuee Property, Muzaffarabad and 3 others 1989 CLC 222; Government of N.-W.F.P. and 2 others v. Shah Alam 1989 CLC 1542; Haji Hayat Gul and 2 others v. Mufti Ghazi Khan and 2 others 1989 CLC 2372; Mistri Muhammad Hassan v. Haji Said Muhammad and another 1986 CLC 1241; Sub. (Retd.) Muhammad Karim and another v. Abdul Rashid and others 1981 CLC 71; Haji Abdul Baqi and another v. Muzaffar Ali Khan and another PLD 1978 Quetta 56; Abdul Ghani v. Haji Saley Muhammad PLD 1960 (W.P.) Kar. 594; M/s. Kuldip Oil Industries Ltd. v. Ch. Pratap Singh AIR 1959 All. 505; Sabharaj…

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