1. ' Impugned herein is the judgment and decree dated 12-2-2004 of the learned Additional District Judge, Buner who while setting aside the judgment and decree dated 15-3-2001 of the learned Civil Judge, Buner at Daggar dismissed the suit of the petitioner.
2. ' At the very outset it was pointed out to the learned counsel for the respondents that how he would defend the impugned judgment when it is in utter disregard of the mandatory provision of Order XLI, rule 31, C.P.C. And does not qualify to be a true judgment in the eye of law, the learned counsel attempted to argue the case on merits by referring to different pieces of evidence recorded by the trial Court and the findings recorded thereon were also made subject to attack and challenge, he was then confronted with the infirmity and irregularity committed by the appeal Court in drawing the judgment in the present style which is completely alien to the sphere of administration of justice because it does not fulfil nor conform to the mandatory requirements of the Order XLI, rule 31 ibid. ' The appeal Court is under obligation to comply with the mandatory provisions of Order XLI, rule 31, C.P.C. In ordinary course and no departure or short cut bypassing the law is allowed nor it would be tolerated in future. True that both under the provisions of Order XX, rule 5, C.P.C. And on the same principle under Order XLI, rule 31, C.P.C. The Courts may make a departure but when the decision on one or two or more issues would be sufficient to decide the entire case however, while doing so the Court shall record specific findings to the effect that such issues have vital, decisive and super- imposing role in the whole case, until and unless such findings are recorded they shall render judgment issue-wise and from point to point.
3. 2.In the instant case the trial Court has decided each issue and have made appraisal of evidence recorded thereon and thereafter has drawn conclusion therefrom but the appeal Court has taken the matter very leniently and has failed to perform its judicial obligation. The Court of first appeal is a Court of law as well of fact, the appeal Court Judges must keep in mind that their judgments would be in conformity with law in the event if they attend to each and every issue involved and argued before them otherwise if would have no cover of law and would not be sustainable on such ground.
4. ' In the instant case too, as discussed above, the appeal Court has decided the matter not in accordance with law rather in a slipshod manner, therefore, the impugned judgment is not a judgment in the eyes of law hence being unsustainable is set aside along with the decree and the case is remanded to the learned District Judge who shall after hearing the parties re-write the judgment but as far as possible according to the requirements of Order XLI, rule 31, C.P.C. Being an old matter, the same shall be decided within six months and parties are directed to appear before the appeal Court on 12-5-2004. M. No.273 of 2004 having become infructuous is disposed of.