Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R.2 & O.XIV---Suit for recovery of amount obtained as Qarz-e-Hassana---Suit filed by the plaintiff had concurrently been decreed by the Trial Court and Appellate Court---Contention of the defendant was that issues were not framed in the case according to the pleadings of the parties and that by misreading and non-reading, courts below had passed impugned s without any cogent reasons---Plaintiff, though opposed the contention raised by the defendant, but he failed to clarify whether the issues were framed by the Trial Court according to the pleadings of the parties---Counsel for the plaintiff half-heartedly accepted that issues were not properly framed---High Court, in view of said admission of the plaintiff, deemed it proper to remand the case to the Trial Court with directions to frame the issues afresh according to the pleadings of the parties and after recording pro and contra evidence of the parties to decide the case strictly in accordance with law. JUDGMENT AZMATULLAH MALIK, J.--- Through this revision petition, petitioner Taweez Badshah assailed the judgment and order dated 30-10-2009 passed by Civil Judge-III, Karak and the order/judgment dated 18-10-2010 passed by learned Additional District Judge, Karak whereby the suit of petitioner was dismissed. 2. The respondent/plaintiff filed the suit against the petitioner/ defendant for recovery of Rs. 1,50,000/ - obtained as Qarz-e-Hassana in the Court of Civil Judge-I, Karak. 3. Petitioner/defendant contested the suit by filing his written statement. From the divergent pleading of the parties the learned trial Court framed the issues whereafter both the parties produced their respective evidence and after hearing parties through their respective counsel the learned trial Court has passed the judgment dated 30-10-2009 and decreed the suit of the respondent/plaintiff as prayed for. 4. Dissatisfied from the said order of the trial Court the petitioner/defendant preferred appeal in the Court of Additional District Judge-I, Karak who while dismissing the appeal of the petitioner/ defendant maintained the order of trial Court vide the impugned judgment. 5. Counsel…

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