MUHAMMAD ISMAIL vs ALLAH WASAYA Ss — 2026 CLC 565 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 565 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: MUHAMMAD ISMAIL vs ALLAH WASAYA Ss
Subject matter: Criminal
Provisions referred to: S. 115; 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

MUHAMMAD ISMAIL VS ALLAH WASAYA Ss.42 & 54---Civil Procedure Code (V of 1908), S.115 & O.XIV---Suit for declaration and injunction---Limitation---Necessary issue, non-framing of---Petitioners / defendants were aggrieved of the judgment passed by the Courts below on the basis that no issue pertaining to limitation was framed---Validity---Provision of O. XIV, C.P.C. casts heavy duty upon Court to firstly determine points of dispute between the parties and then to move for recording their evidence---Parties are supposed to lead evidence to support or oppose a fact put before them in the shape of formal issues---In absence of material issue on a particular point, it cannot be believed that party concerned was aware about the exact nature of dispute regarding which that party had to lead evidence---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and appeal was remanded for decision afresh after framing proper issues particularly on the point of limitation---Revision was allowed accordingly.

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