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Discussion > Civil Law > Procedure > Framing of Issues (Civil)   Unanswered Threads Post New Topic

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There are 11 Replies to this message


Pvt_RajKing


Private
[ Scorecard : 430]
Posted On 30 July 2010 at 11:57 Report Abuse

Hello,

As you know, the framing of issues (questions) is one of the key steps in a civil case. So, the question is, Can we make a submission/representation to the judge as to what questions we would like the court to address that we think is relevant to the case? If yes then under what CPC code do we file this?

Your quick help with the same is much aprpeciated.

Thanks

Raj



Online certification courses in IP, IT and Social Media laws


SHIRISH PAWAR, 7738990900


Advocate
[ Scorecard : 688]
Posted On 30 July 2010 at 12:28 Report Abuse

Dear Pvt_Professional,

Issues are framed under order 14, issues will be framed by the court , however you can bring on record the draft issues.

regards,

SHIRISH S. PAWAR

9324536299



Pvt_RajKing


Private
[ Scorecard : 430]
Posted On 30 July 2010 at 12:30 Report Abuse

Originally posted by :SHIRISH PAWAR, 9324536299
"
Dear Pvt_Professional,

Issues are framed under order 14, issues will be framed by the court , however you can bring on record the draft issues.

regards,

SHIRISH S. PAWAR

9324536299
"

 Thanks. But how would I go about to "bring on record the draft issues."?



Daksh


Student
[ Scorecard : 4510]
Posted On 30 July 2010 at 12:35 Report Abuse

Dear Pvt_Professional,

As a matter of practice (subject to the respective High Court Rules in this regard)  both the sides give their proposed issue to the judge whereafter on the basis of pleadings the judge after hearing both the parties frames the issue.

Best Regards

Daksh



D. Arun Kumar


Medical Value Travel
[ Scorecard : 3775]
Posted On 30 July 2010 at 12:36 Report Abuse

Sh. Pvt_Professional,

Kindly submitt draft issues para wise which your side like to suggest for consideration of Court by filing an "Application Under Order 14 Rule 5 CPC R/w S. 151 CPC" .

Sh. Pawar's advise is correct.

Rgds.



Pvt_RajKing


Private
[ Scorecard : 430]
Posted On 30 July 2010 at 14:51 Report Abuse

Thanks for all the help.



Pvt_RajKing


Private
[ Scorecard : 430]
Posted On 09 November 2010 at 00:46 Report Abuse

Sorry for the trouble. We filed the draft issues but the judge has completely ignored all of them even thought they are very critical issues. The issue the judge has framed are general and doesn't address the crux of the case...  We would like to press the judge to consider our draft issues... What is the procedure and under what CPC rules to make that application?

[Per my reading it seems like we should file an I.A under Order 14 Rule 1 r/w 151 CPC, requesting addition of additional issues, indicating the deficiency is the issues framed.]

Thanks in advance for the help.



Pvt_RajKing


Private
[ Scorecard : 430]
Posted On 09 November 2010 at 00:48 Report Abuse

I meant "Order 14 Rule 5(1)  r/w 151 CPC"



MUKESH


Legal Consultants
[ Scorecard : 38]
Posted On 21 July 2011 at 16:08 Report Abuse

Mr. Pvt. Professional, I too have been witness to misuse of discritionary powers of framing of issues by the court under Order 14 Rule 5. Neither the Plaintiff nor the defendant had raised those issues of fact or law at which they were at variance, still the Hon'ble (?) Judge framed those issues at a later stage and derailed the suit, of course to the Plaintiff's loss. Will anybody suggest a way out of this?


MUKESH


Legal Consultants
[ Scorecard : 38]
Posted On 21 July 2011 at 16:33 Report Abuse

Mr. Pvt. Professional,

On second thought, I think that the powers of the court under rule 5 Order 14 are controlled by Rule 3 of the same order and it can not frame issues from any other material except those mentioned in rule 3. Besides, an error in framing an issue, being an error of law, is amenable to revision and as such we can file Revision Petition. Comments on above will be appreciated.




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