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ABDUL RAHMAN vs MUHAMMAD FAROOQ S — 2025 CLC 323 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 323 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
ABDUL RAHMAN vs MUHAMMAD FAROOQ S
Subject matter
Civil
Provisions referred to
S. 42---C; 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

ABDUL RAHMAN VS MUHAMMAD FAROOQ S. 42---Civil Procedure Code (V of 1908), O. XIV, R. 1---Suit for declaration and recovery of mesne profits---Failure to frame proper issues---Suit filed by appellants/plaintiffs for declaration and recovery of mesne profits was dismissed by Trial Court---Validity---Issues were not according to pleadings of parties---Trial Court was not acquainted with the real myth of framing of issues---Parties had 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. had been defiled---High Court set aside judgment and decree handed down by Trial Court and case was remanded for decision afresh after reframing issues---Appeal was allowed accordingly.

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