Framing of issues
JAIME
(Querist) 20 June 2015
This query is : Resolved
In my case the judge framed random issues and skipped necessary Issues that proves my case. I made an application to re-frame and frame additional issues but the judge without reason neglected the necessary issues to prove my case. If I go to trial with the present issues I will badly loose the case and later any Appeal will also be useless. At this stage is there a remedy to go into Appeal, Revision or Writ Petition against incomplete issues? I found in Sudipto Sarkar Civil Court Practice Revision lies (28 CWN 991; AIR 1947 Pat 45 but could not find these citations in Indian Kannon. Please Help Thank You.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 June 2015
Issues are framed on the basis of facts in issues
If facts are not in dispute or not raised or denied in pleadings, no issue is framed
Ur case may be of similar nature. 2) no revision or appeal lies unless order is passed
Dr J C Vashista
(Expert) 23 June 2015
Has the court dismissed your application for framing of additional issue(s)?
If so, file an appeal, otherwise a writ of mandamus (Art. 227) for necessary directions to the court.
