Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--- ----O. XIV, R. 2--- Limitation--- Issue of law--- Respondent filed declaratory suit along with perpetual injunction and possession against petitioners---Petitioners contested the suit---Trial Court decreed the suit---Petitioners filed appeal before appellant Court---Appellant court dismissed the appeal of petitioners---Revisional jurisdiction---Held, that Trial Court had not farmed the issues in the suit with the perspective prayers in the plaint and in the written statement----Issue pertaining to limitation had not been raised in written statement but as it was legal issue and the plaintiff has to prove if at all entitled to any decree within the ambit of its limitation---As the issues were re-framed by High Court, therefore the parties were to be allowed to lead their respective evidence or else even if the parties wanted to rely on the already recorded evidence---Parties could record their statements before Trial Court---Civil revision was allowed, impugned s and decrees of the Trial Court and Appellate Court were set-aside and case in hand, was remanded back to the Trial Court to proceed with the matter in accordance with law. JUDGMENT MOHAMMAD IBRAHIM KHAN, J.---Impugned herein is the judgment and decree dated 28.01.2014 passed by the learned Civil Judge-XI, Kohat, further assailed in appeal before the Additional District Judge-V, Kohat vide its judgment dated 14.11.2016 with a prayer for setting aside of the same and suit of the respondents, pertaining to the prayer for obtaining declaration/permanent and temporary injunction along with prayer for possession of the property, as mentioned in the head note of the plaint, requires dismissal in view of the grounds taken in this petition. 2. Having heard the arguments at certain length, it is as pointed that on the basis of pleadings of the parties the learned trial court has framed the following issues:- 1) Whether plaintiff has got cause of action? 2) Whether this court has got jurisdiction to entertain the suit? 3) Whether the suit is liable to be dismissed for non-joinder? 4) Whether litigation in respect of the same subject matter is pending between plaintiff and…

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