ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Civil Revision Appln.No.S-36 of 2009.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

13.12.2021

                        Mr. Ghulam Dastagir A. Shahani, Advocate for the applicants.

                        Mr. Abdul Rehman A. Bhutto, Advocate for private respondent.

                        Mr. Liaquat Ali Shar, A.A.G.

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            The facts in brief necessary for disposal of instant civil application that the declaratory suit filed by private respondent was decreed by learned trial Court and appeal preferred against such decree by the applicants was dismissed by learned appellate Court; such dismissal of their appeal is impugned by the applicants before this Court by way of instant civil revision application.

            The perusal of record reveals that the issues have not been framed in accordance with pleadings advanced by the parties and the findings on certain issues have been recorded jointly by learned trial Court, which is contrary to the mandate contained by Rule (5) to Order XX CPC.

            Learned counsel for the parties when were confronted with the above omission, were fair enough to consent for remand of the matter to learned trial Court.

            In view of above, the impugned judgments of learned trial and appellate Court are set aside with direction to learned trial Court to recast the issues in accordance with the pleadings advanced by the parties and then to proceed with the matter afresh in accordance with law.

            The instant civil revision application is disposed of accordingly, with no order as to costs.

                                                                                                      JUDGE