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Petitioner: TAJ DIN VS Respondent: MANAK And Another
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan, S. A. Nusrat Title: TAJ DIN vs MANAK And Another Case No.: Civil Petition No.294 of 1980 Regular Second Appeal No.958 of 1979 Date of Judgment:1987-02-18 Reported As: 1987 SCMR 805 Result: Petition dismissed
Judgment ORDER S. A. NUSRAT, J.--The respondents' suit for a declaration in respect of a thoroughfare was dismissed by the trial Court but was later decreed on appeal by the learned Additional District Judge. This led to the filing of a second appeal by the petitioner in the High Court. The appeal was contested only on two grounds, namely, that the evidence of Ziledar had been misread by the First Appellate Court and although as many as five issues were framed in the suit, yet the learned Additional District Judge felt content with the disposal of only one of the said issues. Accordingly it was contended that the appeal was not disposed properly. The learned High Court found that the contest between the parties remained confined to issue No.4 before the First Appellate Court and in the circumstances the findings of the trial Court on the other issues were not discussed. Such findings are indeed unexceptionable. The petition merits no consideration and is dismissed.