WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA vs NASEEBULLAH KHAN O — 2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA vs NASEEBULLAH KHAN O
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN O.XLI, R.23 & O.XIV, R.5---Remand of case by Appellate Court---Improper framing of issues ---Scope---Petitioner contended that case be remanded as the Trial Court had not framed the issues as per pleadings---Held, that where parties were aware of controversy and had also led evidence then question whether issue was properly framed or improperly framed would become immaterial---Improper framing of issues could not be considered a ground to remand the case unless the same had caused grave injustice to a party---Both the parties, in the present case, had led their evidence as they were aware of the controversy---No allegation was on the record that the Trial Court had not provided opportunity for adducing evidence---Non-framing of issues on particular point was inconsequential---No illegality or infirmity was found in the impugned judgments and decrees passed by both the Courts below---Revision petition was dismissed, in circumstances.

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