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...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Adjudication of lis under the Act by Family Court without first framing and deciding foundational issue relating to statutory applicability renders the entire exercise jurisdictionally infirm warranting appellate interference...........
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 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 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
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 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
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..........
