Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 96, 115 & O.XLI, R.31---Two separate appeals against decrees passed in two separate suits filed by both parties against each other involving different issues---Decision of both appeals by Appellate Court on basis of issues not subject-matter of concerned appeal---Validity---Appellate Court had intermixed issues and had not given respective s/decrees on issues of suits from which those had arisen---Appellate Court had decided both appeals on wrong issues, which error could be result of consolidated consideration of two appeals together---Impugned s/decrees were result of inapplicability of mind or inattention or erroneous typographical transposition of issues, which had caused serious miscarriage of justice and rendered them incomprehensible for litigants and persons of ordinary or extraordinary prudence---Appellate Court had committed material irregularity, misapplied itself and mis-exercised jurisdiction in passing impugned s/decrees---High Court set aside impugned s/decrees directing Appellate Court to decide afresh both appeals in accordance with law. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R.4 & O.XLI, R.31---Standard ---Essential requirements stated. A is not a jigsaw puzzle or a guessing game or a riddle to be solved by mind joggling exercises. Standard s are error free, concise, consistent, coherent and comprehensible irrespective of the stylistic differences. Principles, parameters and requirements of a are: that should contain a concise statement of case, points for determination, decision thereon and reasons for such decision manifesting application of mind by the Judge to resolve the issues involved; that it ought to be self-contained, unambiguous, easily intelligible, lucid, open only to one interpretation and thus leaving nothing to guess work or probabilities on matters under determination; that it should be self-speaking, well-reasoned and analytical reflecting due consideration of facts, law and contentions of the parties; and that it should be founded on legal grounds and the evidence on record. (c) Civil Procedure Code (V of 1908)--- ----Ss. 35 & 115---Two appeals arising…

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