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 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Civil Procedure Code, 1908, Order 14, Rule 6 -- Framing of issues - Ex parte suit - Framing of issues in an ex parte suit though not mandatory by virtue of O.14.R.6 CPC, but judgment must be in conformity with provisions of CPC - Thus, O.20.R.4 CPC comes into picture - Courts must determine points for determination which are like issues and answer them to resolve matter of..........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination are Court's restatement of disputed questions (issues) that were placed before it and judgment must answer each - They serve to concentrate Court's reasoning and ensure completeness of adjudication...........
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 2, Rule 2 -- Bar U.O.2.R.2 CPC - Applicability of bar U.O.2.R.2 CPC depends upon identity of cause of action raised and also upon whether plaintiff despite having knowledge of relevant facts omitted to claim relief in earlier suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Omission of a relief would attract bar U.O.2.R.2 CPC only when such omission is intentional and with knowledge - If omission is on account of lack of knowledge of material facts subsequent suit would not be barred...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC Court is required to consider only averments/pleadings as made in plaint and not the defence as set up by defendant...........
