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Civil Petition for Leave to Appeal No. 29 of 1979, decided on 9th December, 1979.
(On appeal ,from the judgment of the High Court dated 8‑4‑1979 in Civil Revisions Nos. 24'and 27 of 1979).
‑ 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.
‑‑ 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].
‑‑ O. XIV, r. 3‑Issues, abandonment of‑Party not pressing an issue, held, deemed to have abandoned it.
---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.
‑ 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.
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