| Citation(s) |
|---|
| 2007 SLG 1647 2007 SLD 1647 2007 PLJ 1024 |
Lahore High Court
FAZAL-E-MIRAN CHAUHAN, J.
Mr. M. Maqbul Sadiq & Mrs. Rabia Farooq, Advocates for Appellants. Ch. Imdad Ali Khan, Advocate.
FAZAL-E-MIRAN CHAUHAN, J.
Mr. M. Maqbul Sadiq & Mrs. Rabia Farooq, Advocates for Appellants. Ch. Imdad Ali Khan, Advocate.
Mst. SABAHAT IDREES and another
VS
Mst. CLARE BENEDICTA CONVILLE and 4 others
Law:
Section:
Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 2(9), 100 & O.XX, Rr. 4 & 5--O. XLI, R. 31--Second appeal--Judgment--Reproduction of written arguments--Verbatim wording--Evaluation of evidence--Without giving its own independent observation, discussion and comparison of arguments of parties by trial Court--Concurrent findings--Case was remanded--Re-writing of s--Practice of adoption of of trial Court--Depreciated by Superior Courts--Validity--Judgments and orders of Courts below are nothing but recapitulation of the written arguments of respondents--Court is required to give its own reasons by discussing the facts and evidence on record for pronouncing a and if the Court fails to give its own reasons, it would be deemed that the Court had acted with material irregularity and illegality and in that eventuality the decision or given by the Court would not be sustained in the eyes of law--Held: Case is remanded to First Appellate Court with direction that he may entrust it to Senior Civil Judge who is directed to re-write the on evidence. [Pp. 1036, 1037 & 1039] A, C & G Civil Procedure Code, 1908 (V of 1908)-- ----S. 2(9)--Interpretation of Judgment--Judicial decision--Judgment means the judicial decision of a Court or Judge, its need not necessary deal with all the matters in a suit but, may determine only those issues, which will have the effect either adjudicating all the matters in controversy or will result in a final disposal of the suit. [P. 1037] B Civil Procedure Code, 1908 (V of 1908)-- ----S. 2(9) & O.XX, R. 4(2)--Judgment of other Courts--Determination of points--Judgment shall contain the issues statement of the case, points for determination, reasons and such decision. [P. 1038] E Civil Procedure Code, 1908 (V of 1908)-- ----O. XLI, R. 31--Appellate Judgment--Pronouncement of --Purpose of--Points arising--Determination--Appellate Court is required to give its decision with regard to each point, which should be self explanatory, illuminative and in nature of order. [P. 1039] F Judgment in Personam-- ----Such being in personam should fully determine their rights and judge is required to have used all his skills in highlighting…
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