JAM GHULAM MUHAMMAD and others vs Haji UMEDA and others — 1994 MLD 2183

Citation: 1994 MLD 2183

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-01

Parties: JAM GHULAM MUHAMMAD and others vs Haji UMEDA and others

Headnotes

Case cited as 1994 MLD 2183

Judgment Text

Court Name: Lahore High Court Judge(s): Ausaf Ali Khan Title: JAM GHULAM MUHAMMAD and others vs Haji UMEDA and others Case No.:Regular Second Appeal No,29 of 1965 case nor had discussed oral as well JUDGMENT First Appellate Court below having failed to do so, its judgment passed in violati Date of Judgment:1970-01-01 Reported As: 1994 MLD 2183 Result: Appeal accepted Judgment JUDGMENT ' In a suit for declaration with consequential relief, the parties were put to trial as many as on 6 issues. The suit was decreed vide judgment dated 1-3-1963 of the Civil Judge, Khanpur. The appeal, however, was partly accepted. This judgment was passed by the learned Additional District Judge (Mr. Shafi Muhammad Rahmat Ullah Akhund), Bahawalpur, Camp at Rahimyar Khan and is now impugned in the second appeal. 2. The learned counsel for the defendants/appellants at the outset of the arguments challenged the judgment of the learned Additional District Judge as violative of the provisions of Order XLI, rule 31 of the Code of Civil Procedure and, therefore, ought to be set aside on this short ground. 3. The said rule 31 reads:--- "The judgment of the appellate Court shall be in writing and shall state--- (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and --- ## Page 2 (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is pronounced be signed and dated by the Judge…

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