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MUHAMMAD KARIM versus ABDUL RASHID


Section 100 reads with OAX, r 4 (2) Appellate District Judge agrees with the trial court's decision without specifying the reasons for his agreement. Such a court has contracted with the trial court's finding on a number of matters. It is not properly determined that the evidence of the parties to the record brought by the District Judge is not appreciated, not decided in the eyes of the law, held, and therefore set aside and rehearsed and disposed of according to the law. Appeal Court appealed for.

1981 C L C 71

[Azad J & K]

Before Sardar Muhammad Sharif Khan, Actg. C J

SuB. (RETD.) MUHAMMAD KARIM AND ANOTHER‑Appellants

versus

ABDUL RASHID AND OTHERS‑Respondents

Civil Appeal No. 4 of 1980, decided on 3rd August 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑‑ O. XX, r. 4(2)‑Judgment‑Decision given by Court in order to be called as judgment, held, must be based on reasons.‑[Judgment].

(b) Civil Procedure Code (V of 1908)‑

‑‑‑‑ S. 100 read with O. XX, r. 4(2)‑Appeal‑District Judge agreeing with decision of trial Court without assigning reasons for his agreement‑Mere agreement with findings of trial Court on a number of issues framed by such Court, held, not proper determination of issues‑No appreciation of evidence of parties brought on record by District Judge‑Decision of District Judge, held, not a judgment in eye of law, hence set aside and appeal remanded to lower Appellate Court for rehearing and disposal according to law.‑[Judgment].

Muhammad Hanif Khan for Appellants.

Kh. Amir‑ur‑Din for Respondents.

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