NIAMATULLAH vs ESSA KHAN O — 2021 CLC 1647 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1647 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: NIAMATULLAH vs ESSA KHAN O
Subject matter: Civil
Provisions referred to: Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NIAMATULLAH VS ESSA KHAN O.XLI, R.31---Suit for declaration, cancellation of document and permanent injunction---Trial Court dismissed the suit of the plaintiff/petitioner which judgment was upheld by the Appellate Court without stating points of determination---Held, that under O.XLI, R.31 of the Civil Procedure Code, 1908, it was mandatory upon the Appellate Court to state the points for determination; the decision thereon; the reasons for the decision; and where the decree appealed from was reversed or varied, the relief for which the appellant was entitled for---Appellate Court was supposed to state points for determination and should apply its independent judicial mind to the controversy involved between the parties---Phrase "points for determination" stipulated in O.XLI, R.31 C.P.C, referred to all important questions involved in the case---High Court set aside impugned judgment and decree passed by the Appellate Court and remanded the case for a decision afresh in accordance with the provisions of O.XLI, R.31, C.P.C---Revision was allowed, in circumstances.

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