Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115,XIV

Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Civil Procedure Code (V of 1908), S.115 & O.XIV---Suit for declaration and injunction---Limitation---Necessary issue, non-framing of--Petitioners / defendants were aggrieved of the judgment passed by the Courts below on the basis that no issue pertaining to limitation was framed---Validity--Provision of O. XIV, C.P.C. casts heavy duty upon Court to firstly determine points of dispute between the parties and then to move for recording their evidence---Parties are supposed to lead evidence to support or oppose a fact put before them in the shape of formal issues---In absence of material issue on a particular point, it cannot be believed that party concerned was aware about the exact nature of dispute regarding which that party had to lead evidence---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and appeal was remanded for decision afresh after framing proper issues particularly on the point of limitation---Revision was allowed accordingly. Rustam and others v. Jehangir (deceased) through L.Rs 2023 SCMR 730; Mst. Akhtar Sultana v. Major Retd. Muzaffar Khan Malik through his legal heirs and others PLD 2021 SC 715; Sikandar Hayat and another v. Sughran Bibi and 6 others 2020 SCMR 214; Mian Zafar Ali and another v. Mian Khursheed Ali 2020 SCMR 291; Sakhi Jan and others v. Shah Nawaz and another 2020 SCMR 832; Muhammad Azam v. Muhammad Abdullah through L.Rs. 2009 SCMR 326; Mst. Imtiaz Begum v. Mst. Sultan Jan and others 2008 SCMR 1259; Mst. Rasheeda Bibi and others v. Mukhtar Ahmad and others 2008 SCMR 1384; Province of Punjab through District Collector, Jhang and another v. Allah Bakhsh and others 2024 CLC 1193; Khawaja Javed Mehmood v. Punjab Small Industries Corporation through Regional Director, Rawalpindi and 2 others 2024 CLC 1503; Shehwaar and 2 others v. Muhammad Riaz and others 2018 YLR 1938; Muhammad Asia Begum and 2 others v. Muhammad Alam and 3 others 2015 CLC 54; Muhammad Zamin Mian and 4 others v. Shamshad and 16 others 2015 MLD 1384; Shah Bahadar through Legal Heirs v. Sherin Bahadar and others 2014 YLR 1855; PLD 1965 Dhaka 65;…