Law: Civil Procedure Code (V of 1908)

Section: 5

Law: General Clauses Act, 1897

Section: 24A

Civil Procedure Code (V of 1908)--- ----O. XIV, R. 5---General Clauses Act (X of 1897), S. 24A---Power to amend issues---Scope---Trial Court amended an issue already framed by it on plaintiffs’/petitioners’ application--- No fresh evidence was produced by petitioners on the amended issue---Suit was concurrently dismissed---Contention that both the Courts below had not given any finding on amended issue---Validity---Held, as the issues had been decided by discussing all the oral and documentary evidence, so if the issue was not reproduced according to its wordings in the impugned , no prejudice was caused to the petitioners/plaintiffs---No irregularity or illegality has been committed by the Courts below while passing the impugned s/ decrees---Revision petition was dismissed accordingly. The Province of East Pakistan v. Major Nawab Khawaja Hasan Askary and others PLD 1971 SC 82; Fazal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018; Mst. Saeeda Akhtar Sadiq through Special Attorney v. Tauqir Akhtar 2006 CLC 1430 and Mst. Sughra Bibi alias Mehran Bibi v. Asghar Khan and another 1988 SCMR 4 rel. JUDGMENT TARIQ MEHMOOD JAHANGIRI, J.---Through instant civil revision filed under Section 115 Civil Procedure Code, 1908, the petitioners have assailed judgment and decree dated 31.01.2014 passed by learned Additional District Judge (IV), East-Islamabad as well as judgment and decree dated 15.09.2011, passed by learned Civil Judge 1st Class, Islamabad through which suit of the petitioners/plaintiffs was dismissed. 2. The facts, in brief, are that the petitioners/plaintiffs are owners and co-sharers in possession of land measuring 195- Kanals 11-Marlas in different khasras purchased by them through different agreements / sale deeds. It is stated that vide agreement dated 17.02.1994 and general power of attorney dated 14.02.1994, the petitioners/plaintiffs got possession of 3-Kanals 2-Marlas land i.e. entire share of respondents Nos.12 and 14/defendants Nos.2 and 4 in Khasra No.2078 out of which some part has also been transferred to the nominees of the petitioners / plaintiffs, accordingly said respondents / defendants also surrendered their…

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