Pleadings and the issues as originally framed show that the parties

 Reference can be made to the rule in the “The PROVINCE OF EAST PAKISTAN v. MAJOR Nawab Khawaja HASAN ASKARI AND OTHERS” (PLD 1971 SC 82). In “FAZAL MUHAMMAD BHATTI v. Mst. SAEEDA AKHTAR and 2 others” (1993 SCMR 2018) it was held as follows: -

“The pleadings and the issues as originally framed show that the parties were fully aware what was the subject-matter of controversy and what evidence was to be led by each one. The court did prevent the parties from leading evidence at the trial with regard to the defects in the gift. The non-framing of a specific issues in such circumstances is inconsequential. It was held by this court in Province of East Pakistan v. Major Nawab Khawaja Hasan Askari and others (PLD 1971 SC 82) that if issues are not framed but allegation made in the plaint are challenged in the written statement and the court has allowed evidence to be led, then a decision rendered without framing of the issues is not illegal. That has been the established law in the subcontinent as would appear from Sayed Muhammad. vs. Fateh Muhammad (22 Indian Appeals 4)”

Used in Judgement of
Lahore High Court
Civil Rev. Against Decree
111-D-11