- It is well settled principle of law that if the parties were alive of a point and led evidence in support and rebuttal of the same, the wrong framing of issue or even non-framing of the issue would not justify the remand of the case — Similarly, the onus of proof of the issues is immaterial when both the contending parties were alive to the subject matter of issue — And led evidence in support of their respective contentions. Jawad Liaqat v. Zafar Iqbal and others 2002 SCR 44 (A)
- Where the parties are alive to a point and lead evidence in support or rebuttal of the same the wrong framing of issues or even non-framing of issues cannot be pressed into service to set at naught the decision concurrently arrived at by the trial Court and first appellate Court and approved by the High Court. Muhammad Akram v. Ghulam Murtaza & 15 others 2008 SCR 184 (C)
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