26 January 2010
R/Members 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
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.