NAIK MUHAMMAD vs NAZAR MUHAMMAD S — 2025 CLC 1898 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 CLC 1898 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: CLC
Parties: NAIK MUHAMMAD vs NAZAR MUHAMMAD S
Subject matter: Criminal
Provisions referred to: S. 115

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

NAIK MUHAMMAD VS NAZAR MUHAMMAD S. 115, O. VII, R. 11 & O.XLI, R. 31---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Rejection of plaint---Non-determination of points in appeal---Effect---applicant / plaintiff was aggrieved of rejection of his plaint by Trial Court and dismissal of appeal by Lower appellate Court---Validity---Under O. XLI, R. 31, C.P.C. it was incumbent upon Lower appellate Court to frame points for determination, record its decision on each of such points and assign reasons for decision, whether judgment of Trial Court was affirmed, reversed or modified---Formulation of points for determination and application of an independent judicial mind to the controversy between the partis was essential to demonstrate that Lower appellate Court had discharged its appellate jurisdiction in accordance with law---High Court set aside order passed by Lower appellate Court, as it had erred in law, while passing order in question, which suffered from misreading and misinterpretation of law---High Court remanded the matter to Lower appellate Court for decision afresh on appeal on its own merits in accordance with the provisions of O. XLI, R. 31, C.P.C.---Revision was allowed accordingly.

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