Law: Civil Procedure Code (V of 1908)

Section: 5

Civil Procedure Code (V of 1908)--- ----O. XIV, R. 5---Power to amend and strike out issues---Application of the petitioner for framing of additional issues was dismissed by the Trial Court---Validity---Scrutiny of issue already framed showed that it was to the effect that whether the plaintiff was entitled to the decree for defamation and damages under the provisions of Defamation Ordinance, 2002, which was a comprehensive and composite issue that would obligate the respondent/plaintiff to establish all those events that constitute cause of action, right to seek relief on the basis thereof as well as the enforceability/maintainability of the claim in law and fact and would also enable the petitioner/defendant to produce his entire evidence in defense based on his written statement inclusive of his legal plea qua the maintainability of the claim---Petitioners plea for framing of the additional issues contained in the application, as such, was not well-conceived and was correctly turned down by the Trial Court---Petitioners plea for rejection of plaint under O. VI, R. 11, C.P.C., did not need framing of a separate issue because this being a legal objection required to be taken at early stage---Issues are not framed on each and every ground raised in pleadings and if a composite issue is framed parties can produce their evidence respectively and no exception can be taken thereto as it does not prejudice anyone---Petition was dismissed in limine. Qaim Din v. Said Ahmad and another PLD 1967 Lah. 1171 ref. ORDER RASAAL HASAN SYED, J.---Through the instant revision petition order dated 01.2.2023 has been called into question whereby the application of the petitioner for framing of additional issues was dismissed. 2. The respondent instituted a suit under the provisions of Defamation Ordinance, 2002 against the petitioner, Shahid Mehmood Dar and three others, namely, Syed Hashim Hussain, Hassan Mahmood and Ghulam Hussain as defendants Nos. 1 to 4 respectively, attributing them certain acts that attracted the claimed liability for defamation. The petitioner/defendant No. 1 filed his separate written statement raising his defense whereas defendants Nos. 2 to 4 submitted…

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