Law:

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(a) Civil Procedure Code (V of 1908) --------- ----------O. VII, R. 10, O. XX, R. 5, O. XLIII, R. 1 --------- -Workmen's Compensation Act (VIII of 1923), S. 19 --------- Fatal Accidents Act, (XIII of 1855), S.1 --------- Return of plaint --------- Plaintiff/legal heirs of deceased filed suit for recovery under Fatal Accidents Act, 1855 claiming compensation for death of the deceased caused due to injuries for negligence of defendants --------- Trial court, having framed issues on merits and decided single issue as to jurisdiction of the court, returned plaint under O. VII, R. 10, C.P.C. on ground that the suit was barred under S. 19 of Workmen's Compensation Act, 1923 --------- -Validity --------- Question of jurisdiction was to be dealt with at inception stage of suit, but once issues had been framed, Judgment had to conform to mandatory requirement of O. XX, R. 5, C.P.C., that was court had to give its finding or decision on each separate issue with reasons --------- Issue as to whether deceased was employee of defendant had close nexus with issue as to jurisdiction of court, which ultimately was to be decided by civil court --------- Findings of Trial Court were in violation of O. XX, R. 5, C.P.C. --------- Impugned order of Trial Court was set aside and case was remanded for decision afresh on all issues --------- Appeal was accepted in circumstances. (b) Civil Procedure Code (V of 1908) --------- ----------O. XX, R. 5 --------- -Judgment and decree --------- Finding on issues --------- Principles --------- Duty of court --------- Question of jurisdiction is to be dealt with at inception stage of suit, but once issues are framed, Judgment has to conform to mandatory requirement of O. XX, R. 5, C.P.C., that was court has to give its finding or decision on each separate issue with reasons. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- Rabnawaz and 6 others, legal heirs of deceased Mureed Abbas, lodged this appeal under Order XLVII Rule-1/Section 104, C.P.C. against the judgment/order of learned Civil Judge-I, Haripur, dated 17.02.2014, whereby plaint was returned to the appellants under Order VII Rule 10, C.P.C. 2. The…

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