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NAZIR AHMAD vs MUHAMMAD SIDDIQUE O — 2025 CLC 32 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 32 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
NAZIR AHMAD vs MUHAMMAD SIDDIQUE O
Subject matter
Criminal
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

NAZIR AHMAD VS MUHAMMAD SIDDIQUE O.XLI, R.31---Judgment passed by District (First Appellate) Court---Points for determination and issue-wise finding not recorded---Effect---Contention of the petitioners was that the points for determination had not been formulated in a sequential manner or issue-wise finding was not recorded---Validity ---Order XLI, R. 31 of the Civil Procedure Code, 1908 requires the written judgment of the Appellate Court to state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled---Undeniably, non-adherence of the said provision can be fatal and the same can only be ignored if there has been a substantial compliance of the provision---Rationale behind the said provision is that not only the party losing the case but the next higher forum should know what weighed with the Court in deciding the lis against one party and in favour of the other---In the present case, the Appellate Court recorded the points raised by the two sides and gave findings of facts on the basis of correct appreciation of evidence and law applicable thereupon---The reasonings rendered by the Appellate Court were though brief but they were pertinent---Appellate Court had correctly allowed the suit---Thus, the contention of the petitioners had lost force since the material questions had already been answered in substantial compliance---Petitioners had failed to convince as to any infirmity in the impugned judgment passed by the District Court warranting interference by the High Court in revisional jurisdiction---Revision petition was dismissed, in circumstances.

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