Law:

Section:

Civil Procedure Code (V of 1908)-------O. XIV, Rr.1 & 2---Constitution of Pakistan (1973), Art.185---Issue of fact, non-framing of---Such objection if not raised at proper stage, could not be raised for the first time before Supreme Court---Principles illustrated. Muhammad Ilyas Khan, Advocate Supreme Court with M.Z. Khalil, Advocate-on-Record for Petitioners. Raja Muhammad Anwar, Senior Advocate Supreme Court for Respondents. Date of hearing: 20th December, 2004. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- The shop of the respondents located in Amin Bazaar, Sargodha got burnt on 31-1-1985 allegedly on account of electric sparking in the electricity cables which the functionaries of the petitioner-WAPDA had placed on the roof of the said shop. The respondent brought a suit in the Court of a learned Civil Judge at Sargodha on 3-11-1986 seeking damages and compensation for the negligent act of the petitioners which suit was decreed through a judgment dated 24-1-1990 of the learned trial Judge directing the petitioners herein to pay a sum of Rs.5,50,000 to the respondents. The petitioners then approached the Lahore High Court through R.F.A. No.71 of 1990 which was dismissed through a judgment, dated 22-2-2001 of a learned Division Bench of the Honourable High Court. Hence this petition. 2. The learned Advocate Supreme Court for the petitioners impugns the said concurrent findings on the ground that the claim was made by the plaintiffs/respondents under three heads but separate issues were not framed for each of the said heads; that the compensation claimed…

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