6. Worth mentioning that under Order XII Rule 6
C.P.C. where defendant admits claim of the plaintiff
either in pleadings or otherwise the court has discretion
to decree the suit on the basis of such admission, to the
extent of admission and proceed with regard to rest of the
claim/controversy and this provision of law enables a
court to dispose of such part of the suit with regard to
which there is no dispute between the parties. In this
regard reliance can be placed on case Allah Ditta and 2
others v. Walayat and 17 others [PLJ 1983 SC (AJ&K)
131 (Appellate Jurisdiction)]. Worth mentioning that
impugned order is in line with these provisions of C.P.C.
Moreover at the stage of framing of issues under Order
XIV Rule 1(5) C.P.C. the Civil Court is competent to
record better statements of the parties and such exercise of discretion has always been approved and appreciated
by this Court, so that controversial issues between the
parties may so far as possible be curtailed and the
remaining controversy be adjudicated by recording
evidence of the parties. Such course even relieves the
parties to produce large number of witnesses and their
lengthy cross-examination. It will not be out of context to
observe that the intent of legislature while promulgating
Family Courts Act, 1964 was the same. For that very
purpose provisions of pre-trial and post-trial
reconciliation were introduced.
LAHORE HIGH COURT, MULTAN BENCH, MULTAN
Writ Petition-Family-Maintenance
2932-20
| 2020 LHC 758 |
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