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SHAUKAT HAYAT versus MANZOOR AREJO


Articles 42 and 54 Civil Code of Conduct (v. 1908), Sections 115, 96, OX, R6 and O XLI, Rr 30 and 31 of the preceding judgment verdict, not to discuss the evidence by the Appellate Court, the lower appellate ? Judicial decisions and trial court-approved orders were applied by the lower appellate court. The entire case on appeal was open to the lower appellate court and the court should discuss the entire evidence and after reaching the evidence, it should have reached a final conclusion. The parties neither discussed nor appreciated the content and recorded its findings without the use of judicial mind. The lower appellate court's findings were hollow and could not be retained. The trial court's trial was much closer to the evidence on record, but the evidence was not appreciated by the lower appellate court as evidence on record. The High Court set aside the exercise of the jurisdiction under section 115, C. The PC, as they were not recorded considering the material evidence on record, failed to exercise the jurisdiction established by the lower appellate court, causing the defendants to suffer serious prejudice. ? The High Court, in accordance with law, remanded the lower appellate court for the decision which allowed review.

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