Failure of the Court to frame a proper issue in the suit arising out of the pleadings of the parties.

Being so the petitioner could not be permitted to raise the plea of non-framing of issues at the revisional stage. Reference can be made to the rule laid in “Mehr Din (represented by his Legal heirs) v. Dr. Bashir Ahmad Khan and 2 others” (1985 SCMR 1) where the August Supreme Court observed as under:

“Nonetheless, we find that throughout the trial the parties were fully cognizant of this issue which really arose out of the pleadings of the parties and they had also adduced their evidence in respect thereof. So, that in our considered opinion no prejudice was done to any parties in the failure of the Court to frame a proper issue  in the suit arising out of the pleadings of the parties.”

Part of Judgment
Lahore High court
Civil Revision
2394758.1990-16

2018 LHC 3615