Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 25 -- Framing of additional issues - If for any reason an issue is not raised, nothing prevents parties or their counsel from applying to Court for raising an additional issue - It is of no use if any amount of argument is advanced in appeal if a party has failed to avail this..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Order framing charge - Offence u/s 120-B, Ss.7, 13(1)(d), 13(2) of P.C Act - Criminal conspiracy between all accused for demand of illegal gratification being paid to A-2 albeit it may not have reached to A1 - Prosecution..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cannot be taken on record after framing of issues - In the instant case, plaintiff's evidence has commenced - Prejudice is definitely going to be caused to plaintiff inasmuch as entertaining counter claim at this stage would put clock back on entire suit - Counter claim rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plaintiffs were avoiding cross-examination of defendants on one ground or other - Framing of additional issue at this late stage when evidence was so near completion would only delay decision of suit - Application U.O.14.R.5 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues framed not in accordance with O.14.R.1 CPC which is condition precedent for applying O.14.R.5 CPC - Impugned order framing additional issues set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue regarding limitation is a mixed question of fact and law, which can be decided by Trial Court after framing issues and taking evidence of both parties - Plaint cannot be rejected on point of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata - It is a mixed question of law and fact, which can be decided after framing issues and after parties lead evidence - Plaint cannot be rejected on said issues...........
