amendmend in issues

vinod bansal (Querist) 26 January 2010 This query is : Resolved
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in a suit for recovery court has wrongly framed issue no. 1 due to typographical mistake (which is not related to my case)under which provision i can move application for correction of issue no. 1.kindly help

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Raj Kumar Makkad (Expert) 26 January 2010
151 of CPC.

vinod bansal (Querist) 26 January 2010
Thanks a lot Sir

Arvind Singh Chauhan (Expert) 26 January 2010
Raj Sir,
Thanks I was also eager to know the answer.

Y V Vishweshwar Rao (Expert) 26 January 2010
Sec 151 CPC - for inherent Powers for the ends of Justice .

Ordr XIV Rule 5 C P C ;- Power to amend and strike out,issues.

(1) Amendment or framing Additional Issues.

(2) Court may at any time before passing Decree stike out any issue wrongly framed or introduced

niranjan (Expert) 26 January 2010
I agree with Mr. Rao.

Parveen Kr. Aggarwal (Expert) 28 January 2010
When there is a specific provision in the Code of Civil Procedure, 1908 then resort to section 151 cannot be had. So, a issue wrongly framed can be rectified or struck out by the Court exercising its powers under Order 14, Rule 5 of the CPC. It is the duty of the court to frame appropriate issues arising out of the pleadings of the parties.

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