Law: Civil Procedure Code (V of 1908)

Section: 3,1

(a) Civil Procedure Code (V of 1908)--- ----O. XXII, R. 3---Procedure in case of death of one of several plaintiffs or of sole plaintiff---Scope---Where no application is made or intimation is given of death of sole or one of several plaintiffs the court proceed with the case and any order made and pronounced in such suit notwithstanding of death of plaintiff have the same force and effect as it had been made or pronounced before the death took place---Death of plaintiff during pendency of his suit would not cause his suit to abate, if no application for impleading his legal representative is brought within the period of limitation---In absence of such application for impleading legal representative of a deceased party, Court will continue with adjudication of the suit and decree so passed would be valid. Muhammad Sadiq v. Muhammad Sakhi PLD 1989 SC 755 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XIV, Rr. 1 3---Framing of issues---Material from which issues may be framed---Scope---Issues are to be framed on the basis of material alleged by one party and denied by other---Court should frame issues with regard to material proposition of law or fact---Separate issues are to be framed---Court is to frame proper issues so that a party could know the controversy. Juma Gul v. Gul Bibi 2015 MLD 1627 rel. JUDGMENT ABDUL HAMEED BALOCH, J.--- Through this judgment I intend to dispose of above titled civil revision petition filed by the petitioner/defendant against the judgment and decree dated 30th May, 2018 (impugned judgment and decree) passed by learned District Judge, Jaffarabad at Dera Allah Yar (appellate court) whereby the appeal filed by the respondent/plaintiff was allowed and suit of the respondent/ plaintiff was decreed and petitioner/defendant was directed to hand over vacant possession of house in question to the respondent/plaintiff. 2. Concise facts of the case were that the respondent/plaintiff filed a suit for declaration, re-possession and permanent injunction through consequential relief against the petitioner/defendant before Senior Civil Judge, Jaffarabad at Dera Allah Yar (trial court) in respect of house constructed on a plot allotted by…

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