Framing of issues

Querist : Anonymous (Querist) 22 February 2011 This query is : Resolved
Can a suit be decided and decree be passed without framing the issues if the defendant not appearing before the court?

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Parveen Kr. Aggarwal (Expert) 22 February 2011
If the defendant has not appeared at all after service of summons, there cannot be any pleading (Written Statement) on his behalf. Issues are framed if facts are averred by the plaintiff and traversed by the defendant. If there is no denial to the facts pleaded in the plaint, the court will not frame issues and will ask the plaintiff to prove the facts pleaded in the plaint by leading evidence. A suit in such a situation can be decided and decree can be passed without framing of issues.

Amit Minocha (Expert) 22 February 2011
it the defendant is proceeded exparte then issue need not be framed and case goes to ex -parte evidence and can be decreed thereafter

Advocate. Arunagiri (Expert) 22 February 2011
I agree with the views expressed above.

G. ARAVINTHAN (Expert) 22 February 2011
Not possible to decide on merits

Guest (Expert) 22 February 2011
if the decree is passed under order 9 rule 6 (1) there will not be issue. if it is under order 8 rule 10 or on under order 17 rule 2 & 3 issues must be framed.

Sachin Bhatia (Expert) 28 February 2011
Visit following link:
http://www.legalblog.in/2011/02/framing-preliminary-issue-mixed.html

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