Citation Name: 2023 CLC 2071 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed AMJAD HUSSAIN JAFFRI vs ADDITIONA

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Citation Name: 2023 CLC 2071 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed AMJAD HUSSAIN JAFFRI VS ADDITIONAL DISTRICT JUDGE O. XIV, Rr. 1 & 5---additional issues, framing of---Scope---Framing of issues is one of the most important stage of the trial---On the basis of material, the Court is to frame issues in respect of those material propositions of fact or law alleged by one party and denied or not admitted by the other party---Power vested in a Court under O.XIV, R.5, C.P.C. can be exercised at any stage prior to the final disposal of the case---Even the appellate Court can exercise power under O.XIV R.5, C.P.C., where the case cannot be disposed of on the basis of issues as already framed---although, it is the duty of the parties to point out framing of necessary issues, yet the Court is equally bound to frame correct issues, which are necessary for determination of real controversy between the parties---Merely because the parties have not pointed out such issue, Court is not absolved from performing its legal and statutory duty---action or inaction on the part of the Court cannot prejudice a party to litigation---Even if a point not raised in the pleadings, nonetheless comes to the notice of the Court during the course of evidence, Court will frame issue in that regard, in order to resolve the controversy between the parties. Citation Name: 2023 CLC 2071 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed AMJAD HUSSAIN JAFFRI VS ADDITIONAL DISTRICT JUDGE O.XIV, R.5---Power to amend and strike out issues---Application of the petitioner for framing of additional issues and permission to produce copy of mutation was dismissed concurrently---Validity---Suit for declaration and permanent injunction was filed by petitioner claiming that originally the suit land was owned by a local owner and he sold out the land in favour of a lady but land was transferred in her name by reducing her ownership due to cut formula enshrined in paragraph No.4 of the press note during the year 1952 by the Governor of Punjab---However, the said land was alienated to the mother of present petitioners---After her death, her inheritance mutation was sanctioned in favour of petitioners/plaintiffs---By narrating said facts, petitioners pleaded in their plaint that original lady purchaser purchased land as "Adna Malkiat" through sale deed and said "Adna Malkiat" was exempted from said cut formula---Petitioners specifically pleaded said facts in the plaint---Respondents in their respective written statements denied the said facts---In presence of such controversy, proper issue with regard to said controversy had not been framed by the Trial Court---Petitioners specifically raised material proposition of facts and law in their plaint which was denied by the respondents in their written statements---Said controversy should be formulated in shape of specific issue in order to conclude the rights of the parties---Already framed issues did not cover such controversy---Courts below failed to exercise their jurisdiction correctly and the failure of the Courts below to determine material issues amounted to exercise of jurisdiction illegally or with material irregularity---Thus, the impugned orders were not sustainable in the eye of law and were liable to be struck down---Petitioners also sought permission for production of mutation by stating that the same could not be traced out inspite of making hectic efforts and its production was essential for just decision of the case---Both the Courts below failed to consider such part of the application while rendering its judgments/orders which also made the impugned judgments/orders nullity in the eye of law---Constitutional petition was allowed accordingly.

Citation Name: 2023 CLC 2071 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed AMJAD HUSSAIN JAFFRI vs ADDITIONAL DISTRICT JUDGE O — 2023 CLC 2071 LAHORE-HIGH-COURT-LAHORE

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