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EXECUTIVE ENGINEER, C&W, MANSEHRA versus MUHAMMAD NASIM KHAN


Civil Procedure Code Order XX and Decree O XX, R 5 & O XLI, R 31 Decisions on CPC Decision Failure on State Points for Commitment by Appellate Court, Appeal Court Appeal Court Appeal Decisions in Use of Appeal Not to mention the evidence on record, the jurisdiction holds aside the judgment and the judgment passed by the trial court, which resulted in the judgment being filed by the plaintiff that the appellate court presented by the defendants Decided to prosecute them for reviewing the evidence on record without independent practice. Whether to state the points for the determination, the reasons for its decision and its decision on it, the appellate court must make its own decision on each point that should be self-explanatory, clear and in the nature of the ruling of the trial court and the appeal. The court was bound. Carefully consider and discuss the evidence of both parties so that the following courts have exercised their mind and that they have based their finding on the proper assessment of the evidence on record where the appellate court Did not cite the evidence of the parties and dealt with the matter in a slim and slim manner, the decision was approved. It was liable to be reversed by the court because it was not compliant with the requirements of OX, R5, CPC read with OXLI, R 31, CPC High Court upheld the case. The appellate court remanded the decision.

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