Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Once evidence is led with respect to pleadings, non-framing of issues could not have proved fatal so as to record dismissal of suit...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Would not vitiate decision, when both the parties went to trial knowing well the case of each other and lead evidence...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - `Issue' means a point in question at the conclusion of pleading between contending parties in an action and issues are to be framed in respect of only of those facts which have been alleged by one party and either denied or not admitted by the other party and duty of framing issues primarily rests on Court but such..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - One issue should cover only one fact or law in dispute between parties - Each material proposition of fact or law affirmed by one party and denied by other has to form the subject matter of a distinct issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - While framing issues, Court informs parties about scope of suit and evidence to be led in support thereof...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Court failed to frame issues in accordance with mandate of O.14.R.1 CPC - Framing of issues is an important step for proceeding in right direction - Impugned order set aside - Proposed additional issues framed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Where a vital finding on an issue by itself is enough to dispose of the case, Court should not be getting into other issues and render its findings - In fact, by rendering such findings on the issues where Court need not have gone into, those findings cannot even be considered as res judicata in later suit...........
