Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be left open to be decided in the suit by framing an issue as to rejection of plaint - It will defeat the purpose of provision of O.7.R.11 CPC which is to save Courts valuable time in adjudicating frivolous suits...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non-framing of an issue - When parties understood the area of controversy and adduced evidence in relation to that, mere fact that an issue was not framed does not affect adjudication...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on defendant, plaintiff..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Where parties are aware of rival cases the failure to formally formulate an issue fades into insignificance especially when it is prominently present in connected matters and extensive evidence has been recorded on it without demur...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Where a compromise is alleged by one party and denied by other, it is incumbent upon Court to hold enquiry by framing issue of its existence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Rejection of plaint without framing an issue and allowing parties to lead evidence - To adjudicate issue whether suit is within time or not, evidence is required to be adduced by both the parties - An issue with regard to limitation alognwith other issues has to be framed and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issue with regard to defence taken in written statement - Defendant never objected and never filed an application for framing additional issue during pendency of suit - Moreover, defendant also led evidence to some extent during his oral examination i, chief and had not made any mention of any document in..........
Wakf Act, 1995, Section 83(2) -- Suit for declaration that sale deed is void - Sale deed cancelled by Tribunal - Order of Tribunal for setting aside sale deed without framing any issue in that regard and recording any finding on such issue is arbitrary, illegal and without jurisdiction - Impugned order of Tribunal set aside...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
