Law:

Section:

Civil Procedure Code (V of 1908) --------- ----------O. XIV, R. 1 --------- Issue, framing of --------- Scope --------- Miscellaneous application filed during pendency of the case was dismissed without framing of issues --------- Validity --------- Trial Court did not frame issues in the light of application and reply of the same --------- Trial Court had committed irregularity in the proceedings of the case while hearing the application --------- Trial Court was directed by the Chief Court to frame issues in the light of miscellaneous application and reply of the same --------- Order should be passed on the said application after recording evidence of the parties in proof and rebuttal of said issues --------- Impugned order was set aside and case was remanded to the Trial Court for completing proceedings on the miscellaneous application --------- Revision was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---------- This revision petition has been directed against order dated 11-09-2013, passed by the learned District Judge Skardu. Through impugned order, the learned first appellate court accepted CFA No. 28/2012 of the said court. 2. Petitioners and respondent No. 1 filed a suit (C.S. No. 32/2008) in the trial court, who completed trial proceedings of the suit up to the recording of the evidence of parties. One Mr. Qamar Abbas appeared for plaintiffs as their attorney and got his statement recorded on behalf of the petitioners/ plaintiffs as well as respondent No. 1. The said Qamar Abbas produced PWs also whose statements were also recorded as evidence on behalf of petitioners and respondent No. 1. On 20-06-2012, respondent No. 1 filed an application praying that:- Suit for declaration of right of Mutuwaliship of the Qatilgah Sharif Skardu. The trial court received reply to the said petition and passed an order dated 15-10-2012, whereby, dismissed the said petition of respondent No. 1. Feeling aggrieved from the same, respondent No. 1 filed appeal (CFA No. 28/2012). 3. I have heard learned counsel for parties at length and have gone through the relevant record of the case. The simple questions debated before me…

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