Agreement to sell -- Specific performance - Non framing of issue as to whether plaintiff is entitled for specific performance - Court in appeal cannot reverse the findings merely because a specific issue was not framed by trial Court - Appellate Court is empowered to frame an additional issue and if need be, seek a report from the trial Court on the said issue and then..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of an issue - Objection not raised at the time of framing of issues - Application for framing additional issue not filed - Findings rendered in the petition not challenged - Held, trial Court did not commit any error in not framing the issue...........
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 -- 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..........
Agreement to sell -- Specific performance - Suit property whether ancestral property or not - Inspite of statement by defendant additional issue to this effect not framed - Said issue is wholly relevant and significant for the effective disposal of suit - Matter remanded to trial Court for framing additional issue and to decide the status of property after affording..........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not..........
Civil Procedure Code, 1908, Order 14.Rr1, -- Framing of additional issue - Belated application - Civil suit filed in the year 2006 - Both sides concluded their respective evidence and knew about the case of each other very well while leading the evidence - Application was filed at belated stage of hearing of arguments - Held, application can not said to be bona fide...........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Specific allegation in the additional written statement that plaintiff was carrying on the business of money lending without maintaining accounts as required under law - Held, it is necessary to frame a specific issue on that aspect...........
