89/2016 II.A. Naseem Akhtar (Appellant) V/S Abdur Rehman (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 14-NOV-16
Section 100 of CPC is discussed The Appellant through the instant second appeal has challenged the concurrent findings of the lower court. Section 100 CPC was examined and it was observed that in order to succeed in second appeal on ground (b) of subsection (1) of Section l00, C.P.C., an appellant would have to show that the court of first appeal would have reached a different conclusion, had it not failed to decide the issue of law or usage specified in ground (b) above. The Ground (c) of subsection (i) of Section l00, C.P.C., requires an appellant to show firstly that there has been a substantial error or defect in procedure and secondly that such substantial error could have resulted in an erroneous or defective decision of the case.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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