Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXVI, R.1---Issues, framing of---Failure to frame correct issues---Duty of the Court---Scope---Parties in suit were entitled to make application for the amendment of issues but primarily it was the duty of the Court to frame the issues correctly---Issues framed by the Court should correctly reflect the controversies arising from the pleadings of the parties so that effective judgment could be rendered on the disputed facts and the parties should know as to on what facts the evidence was to be led. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, R.25 & S.115---Constitution of Pakistan (1973), Art.185(3)--­Remanding of case after framing additional issue---Failure to frame proper issue by the Trial Court---Controversy between the parties could not be .resolved unless evidence was led on additional issue---Lower Appellate Court framed the issue and remanded the case-to the Trial Court for recording of evidence on the issue---Order of the Lower Appellate Court was set aside by High Court in exercise of revisional jurisdiction---Validity--Act of the Trial Court of not framing issue correctly and debarring the -Petitioner from leading evidence to prove his case as made out in the pleading was rightly corrected by framing the additional issues by Lower Appellate Court and sending the case for production of evidence and decision of appeal thereafter---Such order of the Lower Appellate Court should not have been interfered with as the same did not suffer from any material irregularity amounting to illegality or jurisdictional defect calling for interference under S.'115, C.P.C.---Law favoured adjudication of all the disputed facts on merits after granting opportunity to the parties to prove the same so that the rights of the parties might be determined finally---Judgment of the Lower -Appellate Court being just and proper was not liable to be interfered--- Petition for leave to appeal was converted into appeal and the judgment of High Court was set aside. JUDGMENT MUNIR A. SHEIKH, J. ---Leave to appeal is sought against the judgment dated 7-10-1999 of the Lahore High Court through which Civil Revision No. 3714 of 1994…

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