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BAZ MUHAMMAD vs TAHIR MEHMOOD O — 2022 CLC 1601 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 1601 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
BAZ MUHAMMAD vs TAHIR MEHMOOD 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

BAZ MUHAMMAD VS TAHIR MEHMOOD O.XLI, R. 31---appellate Court, duty of---Points for determination, framing of---Suit for declaration, recovery of damages and injunctions was decreed---appeal was dismissed by additional District Judge---Validity---appellate Court while deciding the appeal had failed to observe the mandate of O.XLI, R.31 of Civil Procedure Code, 1908---Mere reproduction of judgment of trial Court in dismissing the appeal was not the scheme of law---appellate Courts should decide the appeal independently by framing points for determination and conclusion thereon on the basis of evidence on record, instead of stepping the judgment of trial Court mechanically without applying its mind---appellate Court neither framed points for determination nor discussed the evidence for arriving the conclusion---appeal was accepted and case was remanded to the appellate Court for decision afresh. Head NotesCase Description

Other judgments reported in 2022 CLC

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