Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Framing of issues where defendant does not present a defense is not mandated, still the importance of framing of issues cannot be underscored...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Test for finding as to omission to frame issues have caused prejudice to parties or not can be laid down on touchstone as to whether parties that go to trial had knowledge that (i) a particular question is in issue and; (ii) had opportunity to lead evidence on that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Where parties go to trial with knowledge that a particular question is in issue though no specific issue has been framed thereon and adduce evidence relating thereto, they cannot claim prejudice for issue being not specifically framed...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - When several issues arise for being answered by a Court in facts of a given case, ideally disposal thereof ought to be preceded by recording Court's answers to each of such issues with reasons rather than decision of Court focusing on just one decisive point...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Object of an issue is to tie down the evidence and arguments and decisions to a particular question so that there may be no doubt on what the dispute is...........
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 1 -- Issues - Court should adjudicate all issues and give its findings on all the issues and not to pronounce judgment only on one of issues...........
