Evidence was led, the petitioners claimed superior right

Reference can also be made to “MUHAMMAD and 9 others v. Hasham Ali” (PLD 2003 SC 271).

 In the present case as is discernable, the evidence clearly indicates that the parties were fully conscious of the points of issue on which the evidence was led, the petitioners claimed superior right of preemption on account of the property being joint and claimed to have asserted this. The respondent has also led evidence in defense. Being so, no prejudice could be claimed to have been caused. It is also observed that issue No.11 was framed to the effect “Whether the plaintiff is entitled for the decree of possession through preemption as prayed for”, which being the comprehensive issue, the petitioner could not possibly object on the plea of any alleged non-framing of issue. In “MST. Sughran BIBI alias MEHRAN BIBI v ASGHAR KHAN and another” (1988 SCMR 4) it was ruled that if no prejudice was caused to the parties due to the framing of an omnibus issue, objection relating to the framing of improper issue will be of no consequence.

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