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 - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
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, Section 100 -- Second appeal - Substantial question of law - Once High Court is satisfied that appeal involves a substantial question of law, such question shall have to be framed and finally decided on merits in accordance with procedure u/s 100 CPC...........
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, Section 24 -- Transfer of a case - Necessity or occasion to transfer a suit from one Court to another Court would arise, if only, there exists in similarity of cause of action or commonality of parties...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Mere apprehension that justice will not be done in a case does not suffice to transfer the case from one Court to another Court, as mere apprehension of not getting a fair and impartial enquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises...........
