Law: Specific Relief Act (I of 1877)

Section: 8,42

Law: Civil Procedure Code (V of 1908)

Section: VII,11XIV,2

(a) Specific Relief Act (I of 1877)-------Ss. 8, 42---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XIV, R.2---Suit for declaration and recovery of possession---Decision on issues of law and facts--Scope---Legal issue remaining undecided being not pressed by the parties--Legality---Contention of the petitioner was that at preliminary stage although an objection as to maintainability of the suit being barred by law, limitation and jurisdiction was raised and an issue to that effect had also been framed, yet the same remained unattended being not pressed by the petitioner---Validity--Petitioner agitated in the written statement that the suit of respondent/plaintiff was liable to be dismissed being barred by law, thus, Trial Court framed Issue No.4 in that respect in order to enable the parties, particularly petitioner, to put forth the available evidence---Although questions of limitation and maintainability were covered in Issue No.4, yet Trial Court while deciding the same simply said that "this issue is neither pressed nor argued by learned counsel for the defendant."--Petitioner did not produce any evidence on this issue, however, as the issue was based on a question of law, the Trial Court was duty bound to examine and decide it in light of the law and the judgments of the superior Courts---Trial Court committed a legal error by deciding this significant issue in a few words, which was impermissible in the eyes of the law---Civil revision was allowed, in circumstances.Muhammad Chuttal v. Ata Muhammad through L.Rs 2007 SCMR 373 and Fancy Foundation v. Commissioner of Income Tax, Karachi 2017 PTD 1687 rel.(b) Civil Procedure Code (V of 1908)-------O.XIV, R.2---Issues of law---Framing of---Scope---Issues of law which go to the root of the whole case and are capable to be decided without evidence, the Court should decide such issue first---If issues are not framed but allegations are made in the plaint and they are rebutted in the written statement, it is open to the Court to allow the parties to lead evidence on such point and to give decision on it without framing any issue---It is the discretion of the Trial Court to frame and decide the legal issue…