Case Details

Citation(s)
2005 SLG 1267 2005 SLD 1267 2005 CLC 970
Lahore High Court
Civil Revision No.2339 of 2002, heard on 24-03-2005.
CH. IJAZ AHMAD, J

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MUHAMMAD KHALID and anothers

VS

MUHAMMAD IQBAL and another

Law:

Section:

(a) Question of law-------Question of law could be raised at any stage. Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1965 SC 690 rel. (b) Administration of justice--- ----Law must be written on the sleeves of Judge---Non-citing law by counsel of parties before Court would be no excuse. Mst. Salma Afroze's case PLD 1992 SC 263 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XIV, Rr.1, 2 & 3---Issues of law and fact, framing of---Principles---Duty of Court and parties---Fundamental duty of Trial Court is to settle proper issues for its decision on basis of divergent pleadings of parties---In case of omission by Court, party would be equally responsible to invite its attention for supplying deficiency---Each material proposition should be reflected in distinct issue instead of joint issues---Point raised in one issue should not be stretched in other issue---Absence of material issue would cause prejudice to either side---Issues of law and fact should be clearly illustrated enabling parties to understand the points in issue and support their respective claims by relevant evidence on all material points---Failure of parties to press an issue, would be no ground for not framing proper issue---Objection with regard to an improperly framed issue could be raised by a party at any stage. Major (Retd.) Mazhar Mahmood Khan v. Khushal Khan Jadoon 1995 MLD 316; Muhammad Ismail v. Mukhtar Ahmad and another 1994 MLD 402; Ghulam Ali v. Muhammad Hussain Kathawala PLD 1985 Kar. 152; Faiz Muhammad Khan v. Syed Qabil Shah PLD 1949 Pesh. 5; Azizur Rehman v. L.D.A. 1985 CLC 2028; Naseem Sadiq v. Ghulam Ghause 1980 CLC 286; Gul Nawaz v. Gul Bazar and others 1996 MLD 1406; Rehmat Khan v. Iftikhar Ahmad and 8 others 1991 MLD 981; Dr. Sajjad Ahmad v. Dr. Muhammad Bashir PLD 1979 Lah. 304; Gul Baz v. Abdur Raziq PLD 1985 Pesh. 38; Fazal Mahmood and others v. Tajar Khan 1992 MLD 1439; Ananta Kumar Majumdar and others v. Gopal Chandra Majumdar and others PLD 1961 Dacca 65; Raja Ghulam Haider v. Major (Retd.) Jamshed Alam Khan 1991 MLD 1284; Mst. Hafizan v. Muhammad Yasin and 2 others 1985 CLC 1448; Roazi Khan and others v. Nasir and others 1997 SCMR 1849 and…
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