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Civil Procedure Code (V of 1908)--- '----0. XLI, R.31 & 5.115---Specific Relief Act (I of 1877), Ss.42 & 54--­Suit for declaration and injunction---Trial Court decreed suit and Appellate Court confirmed the same in appeal---Both Courts below passed orders in gross misreading of evidence and contrary to the documentary evidence brought on record---No points for determination were framed by Appellate Court nor evidence of both parties was discussed keeping in view points for determination---Concurrent and decree of Courts below passed in violation of O.XLI, R.31, C.P.C. was set aside by High Court in revision--­Matter was remanded to decide afresh on merits and strictly in accordance with provisions of O.XLI,,R.31, C.P.C. Miran alias Mir Muhammad v. Ghulam Hussain PLD 1985 Kar. 674; Wazir Khan v. A. Aziz Burney and 2 others 1992 MLD 1758; Muhammad Mustaqeem through his legal heirs v. Abdul Haleem through his legal heirs and others 1992 CLC 435; Syed Hussain Shah v. Malook and another 1987 CLC 2281; Juma khan v. Mst. Shamim and 3 others 1992 CLC 1022 and Manzoor-ul-Haq and 3 others v. Mst. Kanzee Begum 1993 CLC 109 ref. JUDGMENT Before proceeding on merits, I would like to quote the order, dated 1-12-1998 passed by Honourable Chief Justice of this Court which reads as follows:-- "It is stated that this revision was heard by a learned Judge and reserved for judgment, but after some time it was fixed for rehearing when it was heard by another learned Judge and the judgment was reserved, but subsequently, it was again fixed for rehearing and this time the board was discharged, and therefore, could not be heard. Both the counsel request that it may be taken up at an early date. By consent, this application is disposed of in the manner that the office is directed to fix this revision for regular hearing in accordance with roster on 16-12-1998 as number one in the list of cases fixed for regular hearing on that date." Today, this case was fixed at Serial No.6 for regular hearing in total disregard of the above order passed by the Honourable Chief Justice. The case file was sent to the Court at 9-10 a.m. The Superintendent of Civil Branch was called who was not…

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