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..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of specific issue - There could be several points directly or indirectly connected with main issue that has been framed - In such cases, when larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of limitation generally is a mixed question of fact and law - However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law - Where action is initiated after several years after right to sue accrued, without any pleadings to explain reasons for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to whether suit schedule properties were subject matter of earlier round of litigation is clearly a disputed question of fact, which requires adjudication only after a full fledged trial and not at the stage of an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Issue as regards re-adjudication and entitlement of the share would necessarily require adjudication only after a full fledged trial especially when there are disputed factual issues to be decided by Trial Court and not while considering an application U.O.7.R.11 CPC - Application..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence - Likewise, a defendant may apply for dismissal of suit on basis of admission by plaintiff in rejoinder - Court may, in an appropriate case, give a judgment..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents are in possession of plaintiff - There is no possibility for defendant to modify the same, as such he sought for production of same from plaintiff - Documents in question are necessary documents for deciding the issue before trial Court - Application allowed. (P aras 7 & 8)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - Where Court is not inclined to grant temporary injunction or decides to issue urgent notice, Court should issue urgent notice and post the matter to a shortest date...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact and law - Said issues are triable issues - Trial Court will consider said issue at the time of trial - Plaint cannot be rejected on issue of limitation...........
