---New ground---Non-framing of issues---Irregularity not affecting merits of case---Concurrent findings of two Courts below---

 2023 MLD 180

Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 99 & O.XIV, R.1---Constitution of Pakistan, Art. 199---Constitutional petition---New ground---Non-framing of issues---Irregularity not affecting merits of case---Concurrent findings of two Courts below---Suit and appeal for declaration and injunction filed by petitioner/plaintiff were dismissed by Trial Court and Lower Appellate Court respectively---Plea raised by petitioner/plaintiff was that leading of evidence without framing of issues was an illegality---Validity---Petitioner/plaintiff produced all evidence he wanted to his heart's content and then he wanted judgment in question to be reversed for it turning out against him---Provision of section 99 C.P.C. was fully attracted and neither any miscarriage of justice was found to have occurred nor merits of case stood affected to the prejudice of petitioner for decree to be reversed--- Not applying S. 99, C.P.C. would defeat the purpose of which S. 99, C.P.C. was enacted---Petitioner/plaintiff did not raise such ground in appeal before Lower Appellate Court and agitated it in Constitutional petition for the first time---Opportunity to produce further evidence was duly given to parties, which they elected to forego---If that were not the case one would have expected the same to be one of the strongest grounds in memo of appeal before Lower Appellate Court but such ground was not taken there---High Court to exercise Constitutional jurisdiction, illegality, failure or excess of jurisdiction, perverse exercise of discretion, material misreading of evidence and the like was have to be shown---High Court declined to reappraisal of evidence and maintained judgments and decrees passed by two Courts below---Constitutional petition was dismissed, in circumstances.