WAPDA vs LAND ACQUISITION OFFICER Ss — 2023 YLR 2449 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 2449 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: WAPDA vs LAND ACQUISITION OFFICER Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

WAPDA VS LAND ACQUISITION OFFICER Ss. 18 (3) [as amended by Sindh Land Acquisition (Amendment) Act (VIII of 1992)] & 54---Civil Procedure Code (V of 1908), O.XX, R.5---Acquisition of land---Filing of reference---Procedure---Issue-wise finding, non-giving of---Effect---Appellant/acquiring authority directly filed Reference before Referee Court which was dismissed, without giving issue-wise findings on all issues---Validity---Where Court can decide only one issue, if finding on such issue is sufficient to decide the suit then there is no need to discuss all other issues framed in the suit---Company or local authority could, by written application to the Collector, require that the matter be referred to by the Collector for determination of the Court---Appellant/ acquiring authorities could by written application to the Collector require the matter to be referred to by the Collector for determination of the Court on such written application and the Collector must refer the matter to the Court within 15 days---High Court directed Trial Court to decide the reference after recording evidence of all parties interested---High Court also directed to record evidence of respondents, and after framing issues, decide all issues as envisaged under the provision of O. XX, R. 5, C.P.C.---High Court directed Referee Court to examine Collector as witness who was author of the award and was an important witness---Appeal was allowed accordingly.

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