1981 PLP 121 (CLC)
Syed BUNYAD ALI SHAH AND 5 OTHERS‑Petitioners Versus Mst. BIBI KHAIR‑UN‑NISA AND ANOTHER‑Respondents
| Citation | 1981 PLP 121 (CLC) |
| Forum / Court | S C (A J & K) |
| Bench Members | Single Bench |
| Parties | Syed BUNYAD ALI SHAH AND 5 OTHERS‑Petitioners Versus Mst. BIBI KHAIR‑UN‑NISA AND ANOTHER‑Respondents |
| Primary Law | (b) Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1981 PLP 121 (CLC)?
This judgment primarily cites: (b) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 121 (CLC)?
The case was heard and decided by the S C (A J & K) bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 121 (CLC) (Syed BUNYAD ALI SHAH AND 5 OTHERS‑Petitioners Versus Mst. BIBI KHAIR‑UN‑NISA AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Muhammad Saeed, Advocate for Petitioner No. 1.
- Sheikh Abdul Aziz, Advocate for Petitioners Nos. 2 to 6.
- Syed Zain‑ul-Abdin Shah, Advocate for Respondents.
Headnotes / Summary
(On appeal ,from the judgment of the High Court dated 8‑4‑1979 in Civil Revisions Nos. 24'and 27 of 1979). (a) Civil Procedure Code (V of 1908)‑. ‑ O. XIV, r. 3‑Issues, framing of‑Any material proposition of law and fact if arising out of plaint or written statement, even between defendants vis‑a‑vis plaintiff's claim, imperative for Court to put such points under issue. ‑‑ O. XIV, r. 3‑‑‑Issues, framing of‑Courts expected to make issues sufficiently expressive of matter they desire to consider under such issues‑Material proposition of law and fact, held, must be determined not only from allegation in plaint but also from defence in written ' statement. (c) Evidence Act (I of 1872)‑‑ ‑‑ S. 11:5 read with Civil Procedure Code (V of 1.908), O. XIV, r. 3 Issues framed with consent of counsel of parties and counsel also signing draft issues‑Counsel, held, estopped to say such points having not arisen at all.‑‑‑[Counsel and client‑ Estoppel]. (d) Civil Procedure Code (V of 1908)‑‑ ‑‑ O. XIV, r. 3‑Issues, abandonment of‑Party not pressing an issue, held, deemed to have abandoned it. (e) Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974)‑
S.42‑Leave to appeal to Supreme Court‑Cannot be granted as a matter of routine unless some serious question of law or fact shown to be involved. (f) Practice and procedure‑‑ ‑ Counsel representing party for all practical purpose Stamps purchased in his name and axed on plaint, held, deemed to have been purchased by party and affixed on her behalf.‑[Counsel and client].
Judgment & Decree
‑‑ O. XIV, r. 3‑‑‑Issues, framing of‑Courts expected to make issues sufficiently expressive of matter they desire to consider under such issues‑Material proposition of law and fact, held, must be determined not only from allegation in plaint but also from defence in written ' statement. (c) Evidence Act (I of 1872)‑‑ ‑‑ S. 11:5 read with Civil Procedure Code (V of 1.908), O. XIV, r. 3 Issues framed with consent of counsel of parties and counsel also signing draft issues‑Counsel, held, estopped to say such points having not arisen at all.‑‑‑[Counsel and client‑ Estoppel]. (d) Civil Procedure Code (V of 1908)‑‑ ‑‑ O. XIV, r. 3‑Issues, abandonment of‑Party not pressing an issue, held, deemed to have abandoned it. (e) Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974)‑
S.42‑Leave to appeal to Supreme Court‑Cannot be granted as a matter of routine unless some serious question of law or fact shown to be involved. (f) Practice and procedure‑‑ ‑ Counsel representing party for all practical purpose Stamps purchased in his name and axed on plaint, held, deemed to have been purchased by party and affixed on her behalf.‑[Counsel and client]. Kh. Muhammad Saeed, Advocate for Petitioner No. 1. Sheikh Abdul Aziz, Advocate for Petitioners Nos. 2 to 6. Syed Zain‑ul-Abdin Shah, Advocate for Respondents.