Law: Civil Procedure Code (V of 1908)

Section: O.XIV,R.3,5

Law: Civil Procedure Code (V of 1908)

Section: O.XIV,R.3,5

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.XIV, Rr.1, 2, 3 &, 5---Suit for declaration-Non-framing of issues---Defendant in his written statement had pleaded point of limitation as well as dismissal of suit of the plaintiff on account of non-impleading of necessary parties---Trial Court though framed six issues, but ignored said two material issues as raised by the defendant in his written statement---Trial Court decreed suit of the plaintiff, but Appellate Court remanded case after framing said two issues with direction to the Trial Court to take additional evidence---Validity---Contention of the counsel for the plaintiff was that framing of issues was not mandatory under O.XIV, R.3, C.P.C. and that there was no legal justification for remand of the case---Contention of counsel for the plaintiff was repelled, because once material issues were raised by the defendant in his written statement; specifically, the issue of limitation, which was a mixed question of law and fact, then it was the duty of the Trial Court to frame specific issues raised in order to enable the parties to lead pro and contra evidence to set the controversy at rest once for all---No doubt the Trial Court after realizing material irregularity, had made discussion on point of limitation, but such discussion without framing of specific issue and allowing an opportunity to the parties to lead evidence in that connection, was not legal, proper and justified---Trial Court before passing decree should have resorted to the provisions of O.XIV, R.5, C.P.C. and avoided the decision without framing issues---Appellate Court, in circumstances, was quite justified to fill up the legal flaw by framing the relevant issues and remanding the case to the Trial Court with the direction to decide those issues after recording evidence of the parties over the same---Impugned order of the Appellate Court, was neither illegal nor based on improper appraisal of facts and evidence--Impugned order warranted no interference in exercise of revisional jurisdiction of High Court. PLD 2003 SC 271; 2000 SCMR 258; 2008 MLD 259; 2007 CLC 357; PLD 1994 Pesh. 60; PLD 1995 SC 629; 1989…

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