MANZOOR ELAHI vs REHMAT ALI Ss — 2025 CLC 306 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 306 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MANZOOR ELAHI vs REHMAT ALI Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

MANZOOR ELAHI VS REHMAT ALI Ss. 8, 42---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XIV, R.2---Suit for declaration and recovery of possession---Decision on issues of law and facts---Scope---Legal issue remaining undecided being not pressed by the parties---Legality---Contention of the petitioner was that at preliminary stage although an objection as to maintainability of the suit being barred by law, limitation and jurisdiction was raised and an issue to that effect had also been framed, yet the same remained unattended being not pressed by the petitioner---Validity---Petitioner agitated in the written statement that the suit of respondent/plaintiff was liable to be dismissed being barred by law, thus, Trial Court framed Issue No.4 in that respect in order to enable the parties, particularly petitioner, to put forth the available evidence---Although questions of limitation and maintainability were covered in Issue No.4, yet Trial Court while deciding the same simply said that "this issue is neither pressed nor argued by learned counsel for the defendant."---Petitioner did not produce any evidence on this issue, however, as the issue was based on a question of law, the Trial Court was duty bound to examine and decide it in light of the law and the judgments of the superior Courts---Trial Court committed a legal error by deciding this significant issue in a few words, which was impermissible in the eyes of the law---Civil revision was allowed, in circumstances.

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