Case Details

Citation(s)
2018 SLG 1621 2018 SLD 1621 2018 CLC 1004
Balochistan High Court
Civil Revision No. (T) 38 of 2017, decided on 15-01-2018. Date of hearing: 08-12-2017.
ABDULLAH BALOCH, JUSTICE
Niaz Muhammad, for Petitioner. Nemo for
Respondents.

AMEER BAKHSH

VS

ASSA AND 2 OTHERS

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XIV, Rr. 1 & 5---Suit for declaration--- Additional issues--- Framing of--- Scope--- During recording of his evidence Plaintiff moved an application for framing of additional issues which was dismissed---Validity---Trial Court framed issues---Thereafter plaintiff produced three witnesses and was directed to produce his remaining witnesses---Plaintiff did not disclose any reasonable ground for amendments or framing of additional issues necessary for determining the matters in controversy between the parties---Plaintiff remained silent for one and a half year and did not raise any objection on the issues framed by the Trial Court---Impugned order passed by the Trial Court did not suffer from any illegality or irregularity--- Revision was dismissed in limine in circumstances. THIS ORDER PASSED BY: ABDULLAH BALOCH, J.--- This order disposes of Civil Revision Petition No.38 of 2017 filed by the petitioner against the order dated 4th October, 2017 (hereinafter referred as, "impugned order") passed by the learned Additional Qazi Turbat (hereinafter referred as, "the trial Court") whereby the application under Order XIV, Rule 5, C.P.C. filed for framing/correction of additional issues was dismissed. 2. The learned counsel for the petitioner contended that the petitioner/plaintiff filed a suit for declaration and permanent injunction and correction of entries against the defendants/respondents in the Court of Additional Qazi, Turbat, which was contested by the defendants/ respondents by means of filing written statement, wherein denied the claim of the petitioners/plaintiffs. 3. Out of the pleadings of the parties the learned trial Court framed as many as 9 issues and thereafter the parties have submitted their list of witnesses; that the petitioner/plaintiff produced three witnesses as PWs-1, 2 and 3 and the case was fixed for further recording of evidence of petitioner; that meanwhile, the petitioner/plaintiff moved an application under Order XIV, Rules 1, 5 and section 151 of C.P.C. for correction and framing of additional issues before the learned trial Court; that after hearing the parties, the learned trial Court…
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