Law:

Section:

Civil Procedure Code (V of 1908)---O. X IV R.1---Specific Relief Act (I of 1877), S.42---Findings of the issue not framed---Effect---Suit for declaration relating to mutations was decreed---Appeal was allowed and case was remanded on the short ground of non-mentioning of a mutation in the issue whereas said mutation had been specifically challenged in plaint and that parties had led evidence on the same---Validity---Non-framing of issue was inconsequential when parties were fully aware of controversial question of fact and they produced evidence in support of their respective stance and then decision on such question could be legally rendered and framing of separate issue and recording of fresh evidence in the matter was not essentially required by law---Where the dispute leading to character of transaction and material available on record was sufficient to decide the case, remand of such case was not proper as the same would amount to involve the parties in unnecessary agony of litigation---Appellate Court by remanding the case had committed illegality and material irregularity---Appellate /decree was, therefore, not sustainable in law. Muhammad and 9 others v. Hashim Ali PLD 2003 SC 271 rel. Abdul Qaddus Rawal for Appellants. Khalid Mian for Respondents. ORDER MUHAMMAD JEHANGIR ARSHAD, J.--- This F.A.O. is directed against the order, dated 14-12-2004 passed by Additional District Judge, Ferozewala whereby the learned Additional District Judge while deciding Civil Appeal No.34 of 2004 titled as "Siraj Din v. Muhammad Afzal" against the judgment of the learned trial Court, dated 28-5-2004 remanded the case to the trial Court in the following terms: -- "Therefore, the impugned judgment and decree is illegal and set aside. Appeal is allowed. Following fresh issue in respect of Mutation No.3749 is framed: "Whether Mutation No.3749, dated 24-4-1996 is illegal, void and ineffective on the rights of plaintiffs being based on fraud, misrepresentation? OPP Case is remanded to the learned trial Court. File of the trial Court be sent to it. Parties are directed to appear before the trial Court on 23-12-2004. Parties can produce the evidence before the trial Court as…

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