Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Power to frame additional issues is a discretionary power of trial Court - Court after examining the pleadings and other material on record as required U.O.14.R.3 CPC, may frame the issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues can be framed at any stage of case...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues cannot be made based upon arguments without any supporting documents...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Issues not framed by trial Court - However, on the basis of pleadings of parties, trial Court rightly framed point for determination - Since point for determination was framed, there was no illegality in not framing issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Object of framing an issue is to determine material point of disputes between parties for the purpose of adjudication - Issues can be framed on a question of law or fact or a mixed question of law and fact - Distinct issue is to be formed when a material proposition of law or fact is affirmed by one party and denied..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of specific issue - There could be several points directly or indirectly connected with main issue that has been framed - In such cases, when larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues already framed fully demonstrate that there is no necessity to frame additional issues - Application to frame additional issues cannot be entertained - Application dismissed...........
