CHAUDHRY MUHAMMAD SHAFI versus GOVERNMENT OF SINDH THROUGH SECRETARY REVENUE, HYDERABAD
A. XLI, R 31 The Appellate Court for Assam did not set forth the points for decision or record any such points. The unanimous decision was passed by ignoring the provisions of Order XLI, Rule 31, CPC, which was a natural requirement for determination. The matter should have been framed to decide according to the law; the decision passed by the appellate court could not be declared a decision in the meaning of Order XLI, Rule 31, the smooth outcome of the CPC was not considered pure in such a situation. Where the rights of the parties exist. It was not determined by law that the purpose of the amending jurisdiction of the High Court was to rectify the errors of the subordinate courts and the order passed by the appellate court was set aside and the matter was adjourned to a de novo verdict. The aforesaid court was remanded for judgment. In the appeal, the amendment to the issue of determination was accepted
Related judgments — Karachi High Court Sindh, 2014
