Citation Name : 2012 CLC 1274 SUPREME-COURT-AZAD-KASHMIR Side Appellant : ALLAH DITTA Side Opponent : MUHAMMAD SHARIF
O. XLI, R. 31---Specific Relief Act (I of 1877), S.8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Suit for possession---Contents of judgment---Scope---Suit was dismissed by Trial Court and Appellate Court below, but on second appeal , High Court remanded case to Appellate Court for decision afresh---Validity---Provisions of R.31 of O.XLI, C.P.C., relating to contents of judgment of Appellate Court, were mandatory---First Appellate Court was also a court of facts, and it was enjoined upon the said court to decide each and every issue after discussing the evidence---If decision of appeal was possible after recording the finding on one or more issues, then it was not necessary to record finding of all the issues---In the present case Appellate Court below had not recorded findings issue-wise, but only resolved the question of limitation and question as to whether suit was hit by O.II, R.2, C.P.C., was not resolved---No issue was framed whether the suit was hit by O.II, R.2, C.P.C.---Appellate Court below delivered the judgment in a telegraphic manner without discussing the facts or evidence on record---Appellate Court was obliged to record findings on each and every issue when the decision on the basis of findings on one issue was not possible---Two issues were crucial in the suit and without deciding said issues, appeal could not be decided---High Court, in circumstances, had correctly remanded the case to Appellate Court below for resolving of issues.
