2004 PLP 1535 (YLR)

‑‑‑‑O.XX, R.5 & O.XI, R.31 ‑‑‑ Judgment, mandatory requirements of‑‑‑Failure to give issue‑wise finding‑‑‑Trial Court, failed to give issue‑wise findings‑‑‑Appellate Court while maintaining the judgment passed by the Trial Court did not frame points for determination‑‑‑Effect‑‑‑Trial Court had not followed the provisions of O.XX, R.5, C. P. C. and the Appellate Court ignored the mandatory requirements of O.XLI, R. 31, C. P. C. ‑‑‑Judgments and decrees passed by both the Courts below were set aside and the case was remanded to Trial Court for decision afresh. Ali Muhammad v. Muhammad Hayyat and others 1982 SCMR 816 and Mst. Sahib Noor v. Manzoor Haider Shah PLD 1989 SC 568 rel. Anwer Hussain for Applicant, Abdul Karim Siddiqui for Respondent No.

1. By this common order, I intent to dispose of these two civil revisions being numbers 199 and 200 of 2000 which have arisen out of a judgment and decree in two consolidated suits against which two separate appeals‑ filed by: the applicant/ plaintiff were dismissed.

2. After hearing the learned counsel for the parties at length and after examining the evidence available on record and the findings of the two Courts blow, I feel inclined to remand this easy to the learned trial Court after setting aside the findings recorded during the trial and the appeal because the learned trial Court, has not followed Order XX, rule 5, C.P.C. strictly in accordance with law as held in the case of Ali Muhammad v. Muhammad Hayyat and others 1982 SCMR

816. Moreover, the findings do not appear to be appropriate. Same is the case with the judgment of the learned 1st Appellate Court wherein the mandatory requirement A of Order XLI, rule 31, C.P.C. have been ignored. Neither the findings have been recorded issue‑wise nor the points for determination were framed. The evidence on record has not been fully weighed or considered. Reliance can be placed on the case of Mst. Sahib Noor v. Manzoor Haider Shah PLD 1989 SC 568.

3. With the consent of learned counsel for the parties this case shall go back to the learned trial Court which shall provide a fresh opportunity to the parties to produce any further documents and evidence in support of their respective contentions if they so desire, so as to enable the learned trial Court to reach at a just and fair conclusion under the circumstances of the nature of dispute. There will be no order as to costs. Since the matter is very old, hence the learned trial Court is expected to expedite the disposal of the suit and to avoid unnecessary adjournments. In order to avoid issuance of any notice by the learned trial Court to the parties, I will direct them to appear before the learned IIIrd Senior Civil Judge, Karachi (South) on 1-2‑2003. These revision applications stand disposed, of accordingly. M.H./F‑3/K. Case remanded.