Law:

Section:

(a) Pleadings--- ---Principles in relation to pleadings elucidated. Following are the principles relating to pleadings: (i) Courts could not go beyond the pleadings of the parties. (ii) Parties had to take proper pleadings and establish a particular irregularity/illegality. (iii) As a rule relief not founded on the pleadings should not be granted. Thus, a decision of the case should not be based on grounds outside the pleadings of the parties. Relief given beyond the pleadings or at variance with the pleadings would not be admissible. When there was no prayer for a particular relief and no pleadings to support such a relief, and when the opposite party had no opportunity to resist or oppose such a relief, and the Court considered and granted such a relief, it would lead to miscarriage of justice. (iv) No party should be permitted to travel beyond its pleadings and parties were bound to take all necessary and material facts in support of the case set up by them. Pleadings ensured that each side was fully alive to the questions that were likely to be raised and they may have an opportunity of placing the relevant evidence before the Court for its consideration. (v) Prayer not specifically made could not be considered by the Court. Where a party did not put forth such a contention, the Court could not obviously make out such a case not pleaded, suo motu. (b) Administration of justice--- ---Court could not exercise discretion of ordering to set aside any order which was not before it as a subject matter. (c) Constitution of Pakistan--- ---Art. 204---Contempt of court---Contempt petition---Scope---Under the contempt laws no further jurisdiction had been conferred to the Court except to punish the contemnor and to sentence him with imprisonment and fine or otherwise---Court had not been bestowed with the jurisdiction to set aside an order in contempt petition which was not the subject matter before it. Mrs. Razia Yaqub v. Malik Mohammad Ashiq and 2 others PLD 2003 Lah. 486 ref. THIS JUDGMENT PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this Appeal, filed under Section 3 of the Law Reforms Ordinance, 1972, the Appellant has called in question the order passed in…

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