HAFEEZ AHMAD versus DIVISIONAL CANAL OFFICER, SAHIWAL DIVISION, SAHIWAL
O XLI, R 31 The lower appellate court passed the judgment, not considering the failure to present the reasons, affecting the parties to prove their own reasons in relation to the matters set forth by the trial court suit. Led to an abundance of evidence. The court, without considering and discussing the evidence of the parties, moved in favor of the plaintiff but the lower appellate court, rejecting the decision and order of the trial, based on the evidence. The view of the law is similar to that which was unlawfully passed in violation of the provisions of O XLI, R 31; the CPC lower appellate court was legally obliged to discuss the evidence of not only the parties. Rather, she was obliged to present her reasons for setting aside the trial decision. The Court Lower Appellate Court not only kept the parties' evidence out of sight, but also failed to provide its own conclusions in the matter of participation. Again, the cases that are capable of being settled are lower appellate in the eyes of the law. The decision passed by the court was not sustainable as the court failed to exercise its jurisdiction in a proper and judicial manner, the Supreme Court, in exercising the amended jurisdiction, sought the case on remand from the Court of Appeal. Decisions on Appeals and Decisions Approved by the Trial Court
Related judgments — Lahore High Court Lahore, 2009
