It is a settled principle of law that no evidence beyond pleadings can be produced and considered. However, the learned trial Court neither called upon the plaintiff to file written statement/replication in answer to the defendants allegations nor bothered to frame additional issues after submission of amended plaint and written statement, which otherwise was necessary, because the above said objection/plea raised by the appellant(s) goes to the root of the case that whether suit for partial partition was maintainable or not. It seems that the learned trial Court was not acquainted with the real myth of framing of issues, because the parties have to lead evidence keeping in mind the burden of proof placed upon their shoulders while formulating issues. The issues framed by the learned trial Court make it vivid that proper issues with regards to rival claim of the parties have not been framed, meaning thereby the provisions of Order XIV, Rule 1 of the Code of Civil Procedure, 1908 have been defiled. Evidence is led after framing of issues. The stage of framing of issues is very important in trial of civil suit because at that stage the real controversy between the parties is summarized in the shape of issues and narrowing down the area of conflict and determination where the parties differ and then parties are required to lead evidence on the said issues. The importance of framing correct issues can be seen from the fact that parties are required to prove issues and not pleadings as provided by Order XVIII, Rule 2, CPC. The Court is bound to give decision on each issue framed as required by Order XX, Rule 5, CPC. Therefore, the Courts while framing issues should pay special attention to Order XIV of CPC and give in deep consideration to the pleadings etc. for the simple reason that if proper issues are not framed, then entire further process will be meaningless, which will be wastage of time and energy and would further delay the final decision of the suit.
It is a settled principle of law that no evidence beyond pleadings can be produced and considered.
R.S.A. No.129 of 2010
Muhammad Yousaf (deceased) through L.Rs. Versus Naila Shaheen and others
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