Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79,80

(a) Civil Procedure Code (V of 1908)-------O. XIV, R.1---Framing of issues---Trial Court had power to frame any issue arising out of the pleadings or the other material, if it appeared that it was essential for complete and conclusive adjudication of the controversy between the parties---Court could frame any issue, even if not raised in the pleadings, nonetheless, it would come to the notice of the court during the course of evidence, in order to resolve the controversy between the parties---For a fair and proper adjudication, the issues must be framed regarding the controversy existing between the parties, so that it might be decided to ward off further litigation; and any sort of controversy between the same parties. Mst. Sughran Bibi and others v. Jamila Begum and others 2001 SCMR 772; Muhammad Yasin Khan and others v. Akhtar Nawaz Khan and others 2000 CLC 2008 and Bakht Zaman v. Said Majid 1989 SCMR 1719 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Qanun-e-Shahadat (10 of 1984), Arts.17, 79 & 80---Suit for recovery of amount---Trial Court had not considered the necessary requirements for proving a document involving financial transaction---Such document was covered under Art.17 of Qanun-e-Shahadat, 1984---Provisions of Arts.17 & 79 of Qanun-e-Shahadat, 1984, had not been taken into consideration by the Trial Court---Court believed only one marginal witness and nothing was available on record showing the reason of not examining or producing the second witness as required by Art.80 of Qanun-e-Shahadat, 1984---Trial Court was required to consider said aspect and other lapses---Since common question of law and fact were involved in both rival suits, Trial Court was fully competent to have consolidated and framed consolidated issues in both the suits to avoid the conflicting s---Trial Court could not decide independently the common question of payment of sale consideration of the item in question---High Court allowing appeal, set aside the impugned s and decrees passed in both suits and remitted the cases to the Trial Court to decide the same. Mst. Sughran Bibi and others v. Jamila Begum and others 2001 SCMR 772 and Muhammad Yasin…

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