Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Power to frame additional issues is a discretionary power of trial Court - Court after examining the pleadings and other material on record as required U.O.14.R.3 CPC, may frame the issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Object of an issue is to tie down the evidence and arguments and decisions to a particular question so that there may be no doubt on what the dispute is...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Examination of power of attorney holder on behalf of a party - Power of attorney holder is not competent to depose or to prove anything which was not within his personal knowledge or was otherwise personally known to plaintiff - Testimony of power of attorney holder is inadmissible with regard to the facts within personal..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence either ocular or documentary cannot travel beyond pleadings...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit property is an agricultural land - No material is placed with application filed for appointment of advocate commissioner - Evidence of petitioners is already completed - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order passed U.O.43.R.1 CPC is not a decree - Second appeal u/s 100 CPC would not be competent against such an order...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order sought to be challenged having been passed in a miscellaneous civil appeal u/s 104(1) r/w O.43.R.1(r) CPC is not a decree - Second appeal thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
