72/1988 Civil Revision Ghulam Qadir (deceased),thr:his L.Rs.&Ors. (Applicant) V/S Ghulam Muhammad (deceased),thr:his L.Rs.&Ors. (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 17-SEP-18
The issues were framed by the trial Court also relate to a decree which was allegedly obtained by false and misrepresentation / fraud. Issues framed under Section 12(2) CPC do not pertain to the declaration in respect of the orders passed by Member Board of Revenue and Additional Commissioner Sukkur Division Sukkur. Hence in all fairness, the evidence that was recorded before the trial Court by the parties was in respect of issues framed and not beyond that. The issues and the evidence thereon, in relation to the entitlement of the parties and the validity of the orders of the Member Board of Revenue and Additional Commissioner Sukkur Division was yet to be recorded and that could have been possible only once the appropriate issues could have been framed on the basis of pleadings. No doubt, in appropriate cases where the result would be no different than what can be achieved without setting aside a decree, appropriate orders could have been passed but in the instant case there could have been a possibility that the applicant may have been able to achieve his goal after recording appropriate evidence on providing opportunity to record evidence, insofar as the orders of the Member Board of Revenue and Additional Commissioner Sukkur Division is concerned. However, in the instant proceedings such liberty was not given to the applicant nor such issues were framed and on the basis of evidence recorded under Section 12(2) CPC the decree was reviewed and amended which was not warranted in view of the peculiar facts and circumstances of the case.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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