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2801/2011 Const. P. Iftikhar Ahmed & Ors (Petitioner) V/S Shahid Pervaiz & Ors (Respondent)

Sindh High Court2012

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Mr. Justice Mushir Alam

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2801/2011 Const. P. Iftikhar Ahmed & Ors (Petitioner) V/S Shahid Pervaiz & Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Mr. Justice Mushir Alam Order Date: 31-DEC-12

Framing of points for determination in facts and circumstances of the case issue wise are not mandatory when in substance all material questions as raised have been answered by the appellate Court. Thus, the three ingredients of Rule 31 stood substantially complied with i.e. (1) points for determination, (b) decision and (c) reasoning for its decision. The learned Appellate Court thus is not obliged to frame the points for determination in the form as if issues are being framed. The contention that the points for determination have not been formulated in sequential manner has lost its force when all material questions have been answered in the judgment.

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