Appellate Court has not recorded issue wise findings as such its judgment is not sustainable being violative of the provisions of Order XLI Rule 31 of CPC is concerned

6. So far as the objection of the learned counsel that the learned Appellate Court has not recorded issue wise findings as such its judgment is not sustainable being violative of the provisions of Order XLI Rule 31 of CPC is concerned, no doubt the learned Appellate Court does not strictly comply with the aforesaid provisions of law while rendering impugned judgment but it is settled principle of law that if the Appellate Court decides to affirm the findings of the learned Trial Court then it would be sufficient compliance of the provisions of law if the evidence is essentially discussed and the findings recorded and mere nonadherence to the above provisions of law does not make the judgment nullity in the eye of law. Reliance is placed on case reported as Mst. Roshi and others ..Vs.. Mst. Fateh and others (1982 SCMR 542).

Part of Judgment : 

LAHORE HIGH COURT MULTAN BENCH, MULTAN 

WP- Family Law
31094-14

2014 LHC 11363