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Civil Revision No. 1024 of 1979, decided on 16th February, 1980.
‑‑‑ O. XIV, r. 5‑Additional issue‑Framing of‑Plaint containing allegations of fraud and misrepresentation‑No issue covering such initial controversy initially framed‑‑Trial Court, held, justified in framing additional issue Law, further observed, favours adjudica tion on merits and such principle cannot be sacrificed for techni calities.
Surajmull Nagovemull v. Triton Insurance Company Ltd. A I R 1925 P C 83 ; Chartered Bank of India v. Imperial Bank of India A I R 1930 Cal. 534 ; M. K. Srinivasan and others v. Watrap S. Subramanian Aiyer A I R 1932 Mad. 100 and Shah Muhammad Khan v. Ghulam 1971 B J 9 distinguished. Qadir P L D Mst. Nur Jehan Begum v. Muhammad Ahsan Ullah Khan P L D 1960 Lah. 181 ref.
Nazir Ahmad Shami for Petitioners.
Hakam Qureshi for Respondent.
Date of hearing : 21st January, 1980.
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