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MUSHTAQ UL AARIFIN vs MUMTAZ MUHAMMAD S — 2022 SCMR 55 SUPREME-COURT

Case information

Citation
2022 SCMR 55 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUSHTAQ UL AARIFIN vs MUMTAZ MUHAMMAD S
Subject matter
Civil
Provisions referred to
S. 96

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

MUSHTAQ UL AARIFIN VS MUMTAZ MUHAMMAD S. 96 & O. XLI, R. 31---appeals from original decrees---Powers of appellate Court---Scope---Failing to challenge the decision of Trial Court upon issue of law before the appellate Court through cross objection---Effect---Section 96 of the C.P.C. assigned power to the superior court for judging soundness of the decision of the court subordinate to it---While exercising such power, the appellate Court ought to call for the original record of the Trial Court for reconsideration---after entertaining the appeal, the appellate Court was required to frame points for determination on the basis of the record of the trial Court to consider and rehear the controversy afresh, both as regards to facts and law, as provided by R. 31 of O. XLI of the C.P.C.---Besides, the issue of law was a substantial issue which was required to be considered by the trial Court as well as the appellate Court---Failing to challenge the decision of Trial Court upon issue of law before the appellate Forum through cross objection did not preclude a party to argue the matter to such extent before the appellate Court nor the appellate Court lost its jurisdiction, to decide the question of law accordingly---Thus, in the sense, an appeal was a continuation of the original proceedings, that was why, the appellate Court may uphold, modify or substitute its own judgment for that of the subordinate court; it may also pass an order in favour of a party, not appealing or failing to file cross objections, to secure the ends of justice.

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