Law: Civil Procedure Code (V of 1908)

Section: 96,115,O.XLI,Rr.31,32,33

(a) Civil Procedure Code (V of 1908)---Ss. 96, 115 & O. XLI, Rr.31, 32, 33---Appeal and revision---Powers of Appellate Court and Revisional Court---Distinction stated. Revision and appeal are two different fields. Appeal is the continuation of original suit and the appellate Court has got ample power to thrash out the entire evidence and scrutinize the available documents in the light of arguments advanced by the respective parties. On the other hand, scope of revision is limited to some illegality, material irregularity or jurisdictional defect in the impugned . A bare perusal of section 115, C.P.C., clearly shows that scope of revision is limited to the above points. (b) Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLI, Rr. 32, 33---First Appellate Court---Duties stated. The legislature has entrusted a very important duty to the first appellate Court. It is for that Court to decide finally all questions of fact on which the disposal of the suit might depend and the appellate Court should not easily agree with the trial Court simply because it was not inclined to take much trouble over the case. If the appellate Court itself does not examine the facts and the evidence and does not even mention the points which the case raises, it will be certainly failing in its duty. Sailajananda Pandey and others v. Lakhichand Sao and others AIR 1951 Patna 502 fol. (c) Civil Procedure Code (V of 1908)---S. 96 & O. XLI, Rr.23, 27, 31, 32, 33---First appeal---Sufficient evidence available on record not thrashed out by appellate Court---Dismissal of appeal by appellate Court mainly depending on decision of Trial Court---Validity---Impugned was not a in its true sense---Appellate Court had chosen the path of least resistance instead of applying O.XLI, R.32, C.P.C., in strict sense for having ample powers under Rr.32 & 33 thereof---Case was remanded to Appellate Court for writing fresh after hearing both parties. Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216 and Muhammad Dervaish Al-Gilani and 14 others v. Muhammad Sharif and others 1997 SCMR 524 distinguished. JUDGMENT MUHAMMAD QAIM JAN KHAN, J.---This direct appeal under Article 185(2)…

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