High Court Held: Trial Court Must Decide Legal Issues Even If Not Pressed by Parties — 2025 CLC 306 (Lahore High Court)
⚖️ عدالت کا فرض کہ قانونی نکات پر خود فیصلہ دے — 2025 CLC 306 (منظور الٰہی بنام رحمت علی)
🏷️ مقدمے کا پس منظر
⚖️ ہائی کورٹ کا فیصلہ
🔹 اہم قانونی نکات (High Court ne qarar dia)
2️⃣ ہائی کورٹ نے قرار دیا
📚 مستند نظائر (Relied Cases)
🧭 قانونی تجزیہ
🏁 نتیجہ
High Court Held: Trial Court Must Decide Legal Issues Even If Not Pressed by Parties — 2025 CLC 306 (Lahore High Court)
2025 C L C 306
[Lahore (Rawalpindi Bench)]
Before Jawad Hassan, J
MANZOOR ELAHI ---Petitioner
Versus
REHMAT ALI ---Respondent
Civil Revision No. 530 of 2023, heard on 18th September, 2024.
(a) Specific Relief Act (I of 1877)---
----Ss. 8, 42---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XIV, R.2---Suit for declaration and recovery of possession---Decision on issues of law and facts---Scope---Legal issue remaining undecided being not pressed by the parties---Legality---Contention of the petitioner was that at preliminary stage although an objection as to maintainability of the suit being barred by law, limitation and jurisdiction was raised and an issue to that effect had also been framed, yet the same remained unattended being not pressed by the petitioner---Validity---Petitioner agitated in the written statement that the suit of respondent/plaintiff was liable to be dismissed being barred by law, thus, Trial Court framed Issue No.4 in that respect in order to enable the parties, particularly petitioner, to put forth the available evidence---Although questions of limitation and maintainability were covered in Issue No.4, yet Trial Court while deciding the same simply said that "this issue is neither pressed nor argued by learned counsel for the defendant."---Petitioner did not produce any evidence on this issue, however, as the issue was based on a question of law, the Trial Court was duty bound to examine and decide it in light of the law and the judgments of the superior Courts---Trial Court committed a legal error by deciding this significant issue in a few words, which was impermissible in the eyes of the law---Civil revision was allowed, in circumstances.
Muhammad Chuttal v. Ata Muhammad through L.Rs 2007 SCMR 373 and Fancy Foundation v. Commissioner of Income Tax, Karachi 2017 PTD 1687 rel.
(b) Civil Procedure Code (V of 1908)---
----O.XIV, R.2---Issues of law---Framing of---Scope---Issues of law which go to the root of the whole case and are capable to be decided without evidence, the Court should decide such issue first---If issues are not framed but allegations are made in the plaint and they are rebutted in the written statement, it is open to the Court to allow the parties to lead evidence on such point and to give decision on it without framing any issue---It is the discretion of the Trial Court to frame and decide the legal issue first or together with the issues pertaining to factual controversy
The Province of East Pakistan v. Hassan Askary PLD 1971 SC 82 and Messrs Zarkhaiz Agro Engineering and Services (Pvt.) Ltd. v. Messrs Sargodha Farms Aids (Pvt.) Ltd. 2005 YLR 200 rel.
(c) Civil Procedure Code (V of 1908)---
----O.VII, R.11---Rejection of plaint---Limitation---Issue, framing of---Limitation is also one of the grounds, which may bar filing of suit after lapse of the provided time---There is no express direction of law to frame a specific issue in respect of limitation, provided an issue in respect of O.VII, R.11, C.P.C., is framed since it not only covers barring of the suit by any law under Clause (d) rather it covers Clauses (a), (b) and (c) of O.VII, R.11, C.P.C. as well.
(d) Civil Procedure Code (V of 1908)---
----O.VII, R.11---"Barred by law"---Word "law"---Meaning---"Law" means written law or statute law and is used in generic sense---Law includes Constitution, statutes, judicial principles, rules, by-laws, etc., which squarely fall within the ambit of Clause (d) of R. 11 of O.VII, C.P.C.
Malik Khurram Shehzad and Arshad Mahmood for Petitioner.
Tariq Mehmood Khan for Respondent.

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