| Citation(s) |
|---|
| 1999 SLG 1059 1999 SLD 1059 1999 CLC 1808 |
Lahore High Court
Civil Revisions Nos.1846 of 1990 and 376-D of 1991, heard on 26th . November, 1997
MIAN ALLAH NAWAZ, J
Ch. Muhammad Hussain for Petitioner. Ch. Muzammal Khan for
Respondent
Civil Revisions Nos.1846 of 1990 and 376-D of 1991, heard on 26th . November, 1997
MIAN ALLAH NAWAZ, J
Ch. Muhammad Hussain for Petitioner. Ch. Muzammal Khan for
Respondent
ALAF DIN-
VS
Mst. SONI BIBI
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------0. XIV, R.1 & O.XLI, R.33---Issues had been struck out by Appellate Court---Two suits were filed by both the parties against each other---Trial Court decreed one suit and dismissed the other---Appellate Court struck out two issues as unnecessary---Validity---Issues had to be necessarily matters directly and substantially in issue between litigants, framed with regard to material facts as were alleged in plaint and denied in written statement---Approach of Appellate Court did not satisfy requirements of O.XLI, R.33, C.P.C. and was in defiance of O.XIV, R.1, C.P.C.---Cases were remanded by High Court to Appellate Court in circumstances. (b) Civil Procedure Code (V of 1908)--- ----0. XIV, R.1---Framing of issues---Object---Issues are framed with regard to material facts as alleged in plaint and denied in written statement and from any other material alongwith pleas of parties---Issues are necessary matters directly and substantially in issue between. litigants. (c) Civil Procedure Code (V of 1908)--- ----0. XIV, R.1---Framing of issues---Power to grant relief---To decide lis, irrespective of technicalities, Court must render decision on each and every issue separately---Decision must be on the basis of material produced by parties--Courts can even grant such a relief which was not even urged in the plaint. Salma Abbasi v. Ahmad Suleman 1981 CLC 462 ref. JUDGMENT This judgment will govern two revision petitions namely C.R. No. 1846 of 1990 filed by Alif Din and C.R. No.376/D of 1991 filed by Mst. Soni Bibi. These have arisen out of judgment and decree passed by the learned Additional District Judge, Sialkot, dated 12-7-1990. As both these revision petitions involve examination of similar questions of law and facts, these are being dealt with through a single judgment. 2. The material facts to be noted are; that Rabloo son of Ruldoo was the original right holder/the sole proprietor of suit land. On his demise, mutation of inheritance No, 1'36 was attested on 30-7-1979 in favour of Mst. Sohni as daughter and Alif Din as nephew. Feeling aggrieved, Mst. Sohni brought a suit under section 42 of Specific Relief Act against…
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