Duties of appellate court

Trial Court was duty bound to decide all issues or to frame points for determination in accordance with O. XLI, R. 31, C.P.C. and then to decide said points

When plaintiff had challenged execution of sale deed and appeared before court and stated on oath that she did not get the sale deed registered then onus was shifted on defendant for which specific issues were framed

Appellate court had committed fatal defect by ignoring mandatory provisions of procedure

While exercising jurisdiction under S. 115, C.P.C., court was not to interpret evidence led by parties and it was duty of appellate court to decide issues after preponderance of evidence

Judgment passed by appellate court was not sustainable under the law, same was set aside

Civil revision was allowed accordingly.

Under O.XLI, R.31, C.P.C. appellate court was under legal obligation to render its findings after determination of important points on each and every issue involved in the suit.