Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 14, Rule 5 -- Accident - Claim petition - Amendment and/or framing of additional issues - Issue whether deceased was negligent in driving - Framing of issue on said plea necessary - Application for amendment of issues allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Objection petition U.O.21.R.97 CPC alleging fraud or collusion between D.H. and J.D. - Held, it is a question of fact which can only be ascertained when issues are framed and opportunity granted to the parties to lead evidence - Objections U.O.21.R.97 CPC have to be decided as a suit - Held, Court below erred in not framing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Order passed on 5th to pay balance Court fee on 10th - Plaint rejected for non payment of Court fee within time granted - Held, plaintiff is entitled to get a maximum period of 15 days to pay balance fee after framing of issues - Rejection of plaint not proper...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Disposing of suit immediately after framing issues without recording evidence - Illegal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Framing of additional issue - Merely because an additional issue is framed Appellate Court cannot set aside the findings of trial Court on all issues without going into the merits of the case - Appellate Court can decide the appeal on merits after getting report from the trial Court on the additional issue so..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Framing of additional issues of its own - Issue did not arise for consideration in the suit or in the appeal - High Court was not correct in framing addition issues - The High Court should have formulated the points for its consideration in terms of Order XLI, Rule 31 of the Code...........
