Law: Civil Procedure Code (V of 1908)

Section: 100 , 1 (4) , 2 , 4 , 6 , 7

Civil Procedure Code (V of 1908)--- ----OXIV, R. 1 (4)---(question of law and mixed question of law and facts-- Mode of proceeding---Issues of law which do not involve inquiry into facts ought to be decided first, so as to lessen burden of parties---Where a suit was ultimately to fail, for a patent and glaring legal flaw, it should not be allowed to prolong for adding to the agony of parties---Where, however, any issue involved mixed question of law and facts, Court should allow parties to lead evidence on all the issues and decide all the issues together---Decision of some of issues as preliminary issues, after recording evidence on those issues which take as much time as consumed for trial of the entire case, was abuse of process of Court and in fact vexing the parties---Trial Court in cases of mixed issues of facts and law, must record evidence as a whole and decide the case on all the issues instead of forcing parties to undergo multiple rounds of litigation. 1989 CLC 2402; PLD 1978 SC (AJ&K) 112; PLD 1991 Azad J&K 56 and PLD 1977 Lab. 513 ref. Civil Procedure Code, (V of 1908)--- ----OXXII, R. 4 (as enforced in Azad Jammu and Kashmir---Plaintiff's failure to implead legal representatives of deceased defendant within time provided by law---Abatement of suit whether in entirety or to the extent of share of deceased defendant---Where rights of plaintiffs or defendants were ascertained or ascertainable, death of one or more of them could not cause abatement of the entire suit and same would only abate with reference to such of plaintiffs or defendants whose legal representatives had not been substituted---Rights of other parties, however, would be adjudicated upon merits of the case: Muhammad Yaseen and others v. Mst. Begum Noor and others PLD 1978 SC (AJ&K) 112 and Muhammad Latif Khan and 15 others v. Muhammad Ashraf Khan and 3 others 1989 CLC 2402 rel. PLD 1991'Azad J&K 56 distinguished.     Civil Procedure Code (V of 1908)--- ----O.XXII, Rr. 2, 4 & O.IX, Rr. 6 & 7---Legal representatives of deceased defendant---Ex parte order against defendant had been passed when he was alive---Effect of such ex parte order against…