Law:

Section:

Civil Procedure Code (V of 1908) -------O. XIV, R. 1---Framing of issues---Petitioner filed application for reconstruction of record with the contention that same was destroyed---Dismissal of application---Validity---Averments made in the pleadings related to facts which could be decided in the light of evidence---Issues had to be framed where parties were at issue---Lower court without framing of issues and giving opportunity of adducing evidence decided the case summarily which was not warranted by law---Courts should pronounce its opinion on all relevant points / facts which had arisen or had been raised in a case---Case was remanded to the Additional District Judge for decision afresh after framing of issues and giving opportunity to the parties to lead evidence. Muhammad Hussain Khan v. Said Muhammad and 11 others PLD 1988 SC (AJK) 184 and Bushra Mehmooda Khatoon v. Secretary Education and others 2005 SCR 217 rel. Muhammad Aslam Rathore for Petitioner. Aftab Ahmed Awan for Respondents. ORDER SARDAR ABDUL HAMEED KHAN, J.--- This revision petition has been filed against the order of Additional District Judge Muzaffarabad dated 14-4-2008, whereby the application of the petitioner for reconstruction of record was dismissed. The precise facts giving rise to the instant revision petition are that the present petitioner has filed an application in the Court of Additional District Judge Muzaffarabad for reconstruction of record of the above titled case. It was averred that the case was sub judice before the Court of Additional District Judge Muzaffarabad and was fixed for 10-10-2005. It was further averred that the record of the case was destroyed during the earth quake 2005 and case is not mentioned in the available lists of recovered cases. The applicant prayed that proceedings may be initiated for reconstruction of the file. After hearing the parties, the learned Additional District Judge, Muzaffarabad dismissed the application vide his order dated 14-4-2008, hence this revision petition. Written arguments already filed by the learned counsel for petitioner have been reiterated by Mr. Muhammad Aslam Rathor, the learned counsel for petitioner and further argued…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492