Law:

Section:

(i) Civil Procedure Code, 1908 (V of 1908)-- ----O. XIV, R. 5--Framing of additional issues--Provisions--Determination of real controversy--Question of waiver or abandonment--Validity--Omission in framing of a particular issue was never brought to notice of trial Court and was raised for the first time before Appellate Court or Supreme Court--Objection was raised prior to disposal of the whole case but trial Court had failed to exercise jurisdiction vested in it u/O. XIV, R. 5 CPC due to mistaken view of law--Order of trial Court refusing to frame the additional issue was not illegal but was violative of the provisions of O.XIV, R. 5 CPC which makes it mandatory upon the Court to amend or frame issue necessary for framing controversy arising act of the pleading of the parties--Held: Issue framed by trial Court did not cover real controversy which was imperative upon the Court to frame additional issues and power could be exercised at any stage prior to final disposal of the suit. [Pp. 487 & 488] A & C (ii) Duty of Court-- ----It is the duty of the Court to frame proper issues arising out of the pleadings of the parties to determine all matters in controversy. [P. 488] B 2005 CLC 970; PLD 1993 Lah. 1; 1988 SCMR 4; 1994 MLD 925; 1993 SCMR 2018; 1983 CLC 74; 2001 YLR 1373 ref. Judgment This petition impugns order dated 31.07.2006 passed by the learned Civil Judge 1st Class, Islamabad dismissing the application of the petitioner for framing of additional issues. 2. The petitioner filed a civil suit on 05.07.2005 for declaration/partition and permanent injunction stating therein that the petitioner and Respondent Nos. 1 & 2 are legal heirs of deceased Siraj Valliani who died on 21.12.1996. Thereafter a dispute arose between the parties regarding House No. 528, Margalla Road, F-10-2, Islamabad. The claim of the petitioner is that the property in question was owned and possessed by his predecessor and in his life time he transferred the same in the name of Respondent No. 1 (mother of the petitioner) as Benamidar, in order to avoid payment of Wealth Tax and Respondent No. 1 cannot claim to be the sole owner of the said property whereas the petitioner is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492