Issues framed
Ramesh Tikamdas Bajaj
(Querist) 31 August 2012
This query is : Resolved
In a LE suit in small cause court, Mumbai,
Issues have been framed, but trial has yet not begun.
Is there any time limit to approach court for looking into issues/ (revising or adding issues).
Is it necessary to do so before trial starts, or it can be done at any stage?
Pls note I am the defendant.
It is important that I get a clear picture as I am not in position to spend a lot.
Also, the plaintiff has not paid correct court fees. Would it be OK/better for me to pursue that angle ( forcing the issue of correct stamp fees and asking court to reject plaint on grounds of non-payment of correct stamp fees) or ask court to revise issues.
Pls note that LE suit has been filed just to harrass and make me spend money.
Devajyoti Barman
(Expert) 01 September 2012
Once the issues the are framed they are not for ever nor immune form changes.
The court at any point of trial or even before giving verdict can add any issue which is necessary for proper adjudication of the suit.
The appellate court can also add issue and remand back the suit for trial on that point.
Adv.R.P.Chugh
(Expert) 01 September 2012
1. The Court can at any stage before passing of judgment frame addittional issues or amend issues already framed.
2. Paying insufficient court fees leads to rejection of plaint under o. 7 rule 11 of the CPC>
R.K Nanda
(Expert) 01 September 2012
First plaintiff must pay deficient court fee
and why u r asking this query again.
