CHANAN alias Channu vs HASSAN RAZA O — 2024 CLC 2084 LAHORE-HIGH-COURT-LAHORE

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CHANAN alias Channu VS HASSAN RAZA O.XX, R.13---administration suit---Maintainability---In 'administrative suit' only admitted legal heirs of deceased are to be impleaded---If rights of a stranger, who is not a sharer, are involved, 'administrative suit' is not competent and such rights are to be determined through separate proceedings provided under law. Citation Name: 2024 CLC 2084 LAHORE-HIGH-COURT-LAHORE CHANAN alias Channu VS HASSAN RAZA O.XX, R.13---administration suit---Different stances---Religious schools of thought, difference of---Effect---Before passing a determinative decree, rights of parties are to be determined, especially when different stances as to Religious school of thought of deceased were taken---In such view question of maintainability of suit has to be considered and decided at first instance before proceeding further in the case. Citation Name: 2024 CLC 2084 LAHORE-HIGH-COURT-LAHORE CHANAN alias Channu VS HASSAN RAZA S. 115 & O. XIV, R. 1 & O. XX, Rr.5 & 13---administration suit---Non-framing of proper issues---Effect---Issue-wise findings---Religious schools of thought, difference of---Rights of stranger---Suit filed by petitioners / plaintiffs were preliminarily decreed in their favour but Lower appellate Court dismissed the suit---Validity---Parties were to lead evidence keeping in mind burden of proof placed upon their shoulders while formulating issues---Issues framed by Trial Court did not cover real controversy and provisions of O. XIV, R.1, C.P.C. were defiled---Evidence was led after framing of issues---Stage of framing of issues is very important in trial of civil suit because at that stage real controversy between parties is summarized in shape of issues and area of conflict is narrowed down and determination is made regarding where parties differ and then parties are required to lead evidence on such issues---Importance of framing correct issues can be seen from the fact that parties are required to prove issues and not pleadings as provided by O.XVIII, R. 2, C.P.C.---Court is bound to give decision on each issue framed as required by O. XX, R.5, C.P.C.---Courts while framing issues should pay special attention to O. XIV, C.P.C. and give in depth consideration to pleadings etc.---If proper issues are not framed, then entire further process becomes meaningless and is a wastage of time, energy and may further delay final decision of suit---Trial Court did not ponder upon pleadings of parties while framing issues and could not sum up the real controversy into issues thus, further proceedings were of no use---High Court set aside judgments and decrees passed by both the Courts below and the matter was remanded to Trial Court---High Court directed Trial Court to frame issues, by considering pleadings of parties, especially with regards to maintainability of suit, which would be decided at first instance and then to decide the suit afresh---Revision was allowed accordingly.

CHANAN alias Channu vs HASSAN RAZA O — 2024 CLC 2084 LAHORE-HIGH-COURT-LAHORE

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