A. XLI, R 31 Specific Relief Act (I of 1877), Section 8 of the Jammu and Kashmir Interim Constitution Act (VIII of 1974), the scope suit for the possession of section 42 suit was rejected by the following trial court and the appellate court. Appeal to the second, the High Court remanded to the Appellate Court for the Appellate Court decision, regarding the contents of the Appellate Court verdict, the terms of the ACLC, CPC CPR-31 were compulsory, the first appellate court also the facts. Was the court, and it was ordered that the court, after discussing the evidence, decide each case after recording the finding on one or more matters. If the decision of the appeal was possible, then it was not necessary to record the inquiry of all the cases. In the present case, the appellate court did not record the matter of the inquiries, but only the extent of this question and the issue. Resolved whether the suit was hit by O II, R 2, CPC, not resolved No issue was fixed whether the suit was struck by O II, R 2, CPC app. The court upheld the verdict in a telegraphic manner without discussing the facts or evidence on the record; the appellate court was bound to record the findings on each issue when a decision on the basis of the results was not possible on one issue, which was important in two cases. And without the verdict, the High Court did not decide on the appeal to resolve the matter, in which case, the appellate court correctly received the remand.
Related judgments — Supreme Court Azad Kashmir, 2012
