Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent power of court---Scope---Invoking of such power--Limitation-No specific period of limitation is provided for filing application under S.151, C.P.C.---Court is empowered to make such orders as may be necessary to meet the ends of justice or to prevent abuse of process of court. (b) Administration of justice--- ----Act of court---Act of court should not prejudice anyone. (c) Civil Procedure Code (V of 1908)--- ----S. 151---Administration of justice---Opportunity of hearing---Court before passing order did not afford any opportunity to defendant to submit his case before it---Effect---Court possessed inherent power to rectify such mistake as act of Court should not prejudice anyone. (d) Civil Procedure Code (V of 1908)--- ----O. XIV, R. 5---Additional issues, framing of---Principles---Application was filed by defendant for framing of additional issue as no issue had been framed on main controversy---Validity---Issues could be amended at any stage of trial---No evidence having yet been recorded additional issues if framed, would cause no prejudice to anyone and both parties would get full opportunity to prove their respective cases---No issues with regard to main controversy in the suit having been framed, High Court framed additional issues---Application was allowed accordingly. ORDER NADEEM AZHAR SIDDIQUI, J.---By this application (C.M.A.No.9881 of 2007) the Defendant No.1 has prayed for recalling of order dated 23-1n-9.007 by which the Defendant No.1 was directed to produce his evidence. The learned counsel for Defendant No.1 submits that the order was passed without hearing him and that since the plaintiffs have filed the suit the burden is upon them to prove that at the time of death the deceased Zahida Begum has left any property inherited by the parties to the suit. The learned counsel has referred to Order XVIII, Rule 1, C.P.C. and submits that plaintiffs have right to begun. He relied upon the reported case of Fasihur Rehman Alvi v. Inamur Rehman Alvi PLD 1993 Kar. 33. On the other hand the learned counsel for the plaintiffs submits that the application is in the nature of review and not…

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