Law:

Section:

Pleading-- ----Scope--Evidence beyond framed issues--Question of--Whether non-framing of proper issues was fatal for rendering --Validity--Pleadings made in plaint by plaintiffs was categorically denied by defendants in their written statement and parties were fully aware of subject matter of controversy between them and admittedly Trial Court did not prevent any party to lead evidence beyond framed issues, therefore, in these circumstances non-framing of proper issue was inconsequential. Fazal Muhammad Bhatti and another vs. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018, rel. Framing of Issue-- ----Scope of--Exchange mutation--No issue was framed--Validity--Controversial facts--None of parties made request for framing of proper issues at trial stage nor learned Trial Court restrained them to lead evidence beyond scope of issues framed, therefore, in my considered view evidence lead by parties was in line with controversial facts and sufficient to resolve dispute and non-framing of proper issues was not fatal. Mutation-- ----Inheritance of estate of deceased--Issueless--Legal heirs--Beneficiary of mutation--Under law he has to prove legality and validity of said mutation but scanning of his evidence makes it abundantly clear that he failed to discharge burden of issue. Pleadings-- ----Scope of--It is settled principle of law that evidence recorded beyond pleadings of parties cannot be taken into consideration. Exchange of mutation-- ----Scope of--Market value of agricultural land--Documentary evidence--Merely on assertion of Defendant No. 1 it could not be assumed that price of house was equal to exchanged land. Exchange of Mutation-- ----Scope of--Evidentiary value of--Beyond pleadings--Ingredients of transaction--Validity--House which was exchanged in lieu of agricultural land through disputed mutation was also owned by deceased, therefore, most important ingredient of transaction i.e. consideration is missing in impugned mutation as such same cannot be allowed to remain intact. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE---.--- Original parties to the suit have expired and they are now represented through their legal heirs in this civil…

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