Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185---Appeal to Supreme Court---Questions of fact and law having not been raised before Trial Court, appellant was estopped from raising such mixed questions of fact and law before Supreme Court at such belated stage. (b) Specific Relief Act (I of 1877)--S 42---Partnership Act (IX of 1932), S. 69---Suit . for recovery--­Competence---Non-registration of partnership---Effect---Plaintiff in the suit was a partnership concern---Defendants in their written statement had not raised the issue as to lack of registration of plaintiff's partnership firm under Partnership Act, 1932---Effect---Plaintiffs were not obliged to submit a certificate of registration or to make any statement on such aspect notwithstanding an averment in an earlier Constitutional petition---Recovery suit filed in the name of firm was not incompetent for alleged lack of registration of firm as there was no occasion for plaintiffs to establish registration of the firm or to rebut the allegation of its non-registration. Iftikhar Hussain Khan of Mamdot v. Ghulam Nabi Corporation Ltd. Lahore PLD 1971 SC 550 and Province of Sindh v. -Royal Contractors 1996 CLC 1205 distinguished. (c) Civil Procedure Code (V of 1908)--- ----O.XIV, R.1 (5) & O.XVIII, R.2---Pleadings---Issues---Parties are not entitled to set up a case or to lead evidence on issues which do not arise from their ~ pleadings---Parties are legally bound by their pleadings and thus evidence must be restricted to the points in controversy stricto senso. Iftikhar Hussain Khan of Mamdot .v. Ghulam Nabi Corporation Ltd., Lahore PLD 1971 SC 550 and Province of Sindh v. Royal-Contractors 1996 CLC 1205 distinguished. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court--Scope---High Court, ordinarily does not embark upon a detailed inquiry into question of fact arising out of contractual obligations between the parties. (e) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata, principles of---Conditions to be complied with to attract principles of res judicata enumerated. In order to attract the principles of res judicata following five conditions…

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