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Samir N (General Queries) (Business)     02 January 2018

Framing of issues

What is the CPC rule under which a litigant can ask for new issues to be framed after the Judge has framed issues?

Does a Litigant have a right to ask that issues be reframed? Under what CPC Rule 

Any SUpreme COurt judgement in this regard?



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 3 Replies

Sachin (N.A)     02 January 2018

Originally posted by : Samir N (2HelpU)
What is the CPC rule under which a litigant can ask for new issues to be framed after the Judge has framed issues?

Does a Litigant have a right to ask that issues be reframed? Under what CPC Rule 

Any SUpreme COurt judgement in this regard?

 

Yes litigant can request to reframe the issues.

Kindly refer to Rule 5 of Order 14, C.P.C

1 Like

Advocate Bhartesh goyal (advocate)     02 January 2018

Issues are framed on the basis of grounds mentioned in plaint and objections taken in written statement.if issues are not framed as per pleadings of parties then any party to the litigation can file application u/ o 14 R 5 of cpc to amend issues.
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Samir N (General Queries) (Business)     02 January 2018

Issues are framed and subsequently the suit is dismissed for default (not on merit). The matter concerns a property. Will the issues framed have a negative impact on subsequent litigation on the same property?  I mean will the fact that an issue is not framed be considered waived in subsequent litigation?  Or will I have the opportunity to refile an Amended Written Statement in a subsequent litigation if the dismissal is not on merit? 

In other words:  If I do not object to Issues Framed but know that the plaint will be dismissed for default, are there any negative consequences?   

 

 

 


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