Citation Name: 2023 YLR 1222 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR SOHAIL AABID vs Mst

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Citation Name: 2023 YLR 1222 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR SOHAIL AABID VS Mst. AISHA BIBI Ss. 42 & 54---Civil Procedure Code (V of 1908), S.115, O.XIV, Rr. 1, 2 & O. XVII, R.3---Suit for declaration and injunction--- Striking of defence---Preliminary issue---Mixed question of law and fact---Determination---Improper valuation of suit---Petitioners/plaintiffs were aggrieved of order striking of their defence by two Courts below on the ground that they had failed to produce their evidence on preliminary issue---Validity---If any issue had raised mixed question of law and facts, then for its decision, evidence was required to be led---Such issue could not be treated as preliminary or legal issue---Trial Court after framing issues had already offered parties to produce their evidence---Order in question treated a preliminary issue necessitating recording of piecemeal evidence where Trial Court acted in exercise of its jurisdiction illegally and with material irregularities---Entire evidence built thereon had to crumble---Lower appellate court also failed to take notice of such fact and failed to exercise its jurisdiction, vested with him by law to rectify wrong committed by Trial Court---Both the Courts below failed to consider such aspect of the case and on erroneous and wrong assumption dismissed suit of petitioners/plaintiffs---Issue of improper valuation was not considered as a formal defect and a suit could not be thrown away on the ground of improper valuation because valuation of subject matter of suit,both for the purposes of jurisdiction and payment of court fees, could be corrected by Court after recording of evidence---High Court in exercise of revisional jurisdiction under S. 115, C.P.C. set aside judgments and decrees passed by two courts below and remanded the matter to Trial Court for decision afresh---Revision was dismissed, in circumstances.

Citation Name: 2023 YLR 1222 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR SOHAIL AABID vs Mst — 2023 YLR 1222 LAHORE-HIGH-COURT-LAHORE

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