GHULAM MEHDI vs RAJAB ALI O — 2022 YLR 937 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 937 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: GHULAM MEHDI vs RAJAB ALI O
Subject matter: Civil
Provisions referred to: S. 24A---A; General Clauses Act (X of 1897)

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

GHULAM MEHDI VS RAJAB ALI O.XLI, R.31---General Clauses Act (X of 1897), S.24A---Appellate Court, duty of---Right of appeal---Phrase "points for determination"---Scope---Statutory right of appeal conferred a right of rehearing the whole dispute unless expressly restricted---Appellate Court had to consider the controversy entirely afresh both as regard to facts and law and was to state the points arising from the determination---Appellate Court was required to give its decision with regard to each point, which would be self-explanatory, illuminative and in the nature of speaking order---Where the provisions of O.XLI, R.31, C.P.C. were not complied with, the judgment was not in accordance with law---Such was evident from the judgment that the judge was conscious of the matter involved and that decision had been pronounced on the basis of record---Phrase "points for determination" referred to all important questions involved in the case---Necessary for the appellate Court to record the points for determination so that it could be determined whether the Court had dealt with all the points.

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