| Citation(s) |
|---|
| 1981 SLG 3035 = 1981 SLD 3035 = 1981 CLC 121 |
Supreme Court (AJ&K)
Civil Petition for Leave to Appeal No. 29 of 1979, decided on 9th December, 1979. (On appeal ,from the judgment of the High Court dated 8-4-1979 in Civil Revisions Nos. 24'and 27 of 1979).
Presented By: Raja Muhammad Khurshid Khan, J
Kh. Muhammad Saeed, Advocate for Petitioner No. 1. Sheikh Abdul Aziz, Advocate for Petitioners Nos. 2 to 6. Syed Zain-ul-Abdin Shah, Advocate for
Respondents.
Civil Petition for Leave to Appeal No. 29 of 1979, decided on 9th December, 1979. (On appeal ,from the judgment of the High Court dated 8-4-1979 in Civil Revisions Nos. 24'and 27 of 1979).
Presented By: Raja Muhammad Khurshid Khan, J
Kh. Muhammad Saeed, Advocate for Petitioner No. 1. Sheikh Abdul Aziz, Advocate for Petitioners Nos. 2 to 6. Syed Zain-ul-Abdin Shah, Advocate for
Respondents.
Syed BUNYAD ALI SHAH AND 5 OTHERS-Petitioners
VERSUS
Mst. BIBI KHAIR-UN-NISA AND ANOTHER-Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. XIV, r. 3
Law: Evidence Act, (1 of 1872)
Section: 115
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42
(a) Civil Procedure Code (V of 1908) O. XIV, r. 3-Issues, framing of-Any material proposition of law and fact if arising out of plaint or written statement, even between defendants vis-a-vis plaintiff's claim, imperative for Court to put such points under issue. (b) Civil Procedure Code (V of 1908) O. XIV, r. 3---Issues, framing of-Courts expected to make issues sufficiently expressive of matter they desire to consider under such issues-Material proposition of law and fact, held, must be determined not only from allegation in plaint but also from defence in written ' statement. (c) Evidence Act (I of 1872) S. 115 read with Civil Procedure Code (V of 1908), O. XIV, r. 3 Issues framed with consent of counsel of parties and counsel also signing draft issues-Counsel, held, estopped to…