Law: Civil Procedure Code (V of 1908)

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code, 1908 (V of 1908)-- ----O.XIV, R. 5--Constitution of Pakistan, 1973, Art. 199--Application for framing of additional issue and seeking permission for producing of mutation--Dismissal of application--Revision petition was also dismissed--Challenge to--If a point not raised in pleadings, nonetheless, it would come to notice of Court during course of evidence Court could frame issue in this regard, in order to resolve controversy between parties--Courts below failed to exercise their jurisdiction correctly and failure of Courts below to determine material issues amounted to exercise of jurisdiction illegally or with material irregularitys also sought permission for production of Mutation by stating that same could not be traced out inspite of making all hectic efforts and its production is essential for just decision of case. Both Courts below failed to consider this part of application while rendering its orders which also make impugned orders nullity in eye of law--Petition allowed. 2001 SCMR 722 and 2008 SCMR 1384 ref. JUDGMENT Through this constitutional petition, the petitioners assailed the vires of orders dated 24.09.2011 and dated 20.06.2012, whereby, their application for framing of additional issues and permission to produce copy of Mutation No. 545 dated 17.03.1953 of Mouza Sumra-Thal Kalan was dismissed concurrently. 2. Relevant facts forming the background of this petition are that petitioners instituted a suit for declaration and permanent injunction on 17.09.2002. Respondents filed contesting written statement. The learned trial Court, keeping in view divergent pleadings of the parties, framed necessary issues as follows: - 1. Whether the impugned Mutation No. 1187 dated 05.01.1983, order passed by A.C.® dated 27.4.97 and order of MBR dated 05.9.02 are illegal, void, against law and facts, ineffective upon the rights of the plaintiffs and are liable to be set-aside? OPP. 2. Whether the plaintiffs are entitled to a decree of declaration as prayed for? OPP. 3. Whether the plaintiffs have no cause of action? OPD. 4. Whether the suit is time barred? OPD. 5. Whether the suit is not maintainable in its present form? OPD. 6. Whether…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492