Judgment” in appeal—Points for determination

2019 Y L R 644
[Peshawar (Abbotabad Bench)]
Before Syed Arshad Ali, J
WASEEM GUL and another—Petitioners
SHAHID JAMEEL and another—Respondents

                                  Appellate Court was required to frame points for determination
and render its reasons—Appeal was continuation of suit, therefore, it was the duty of the Appellate Court to assess the entire evidence, pro and contra, produced by the parties, examine findings recorded by the Trial Court and give reasons for upholding or reversing the same—Appellate Court was under legal obligation to decide the dispute in the manner prescribed by O. XLI, R. 31, C.P.C. and had to consider the controversy entirely afresh both as regards facts and law to substitute its own judgment for that of the Trial Court—Findings of the Appellate Court were to be self-explanatory, illuminative and in the nature of a speaking order and the judgment was to show that the judge was conscious of the matter involved and the reasons rendered by him had the reference from the evidence produced by the parties—Judgment in case of final appeal required careful reappraisal by the appellate court

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