filig application for stating the issues to be framed???

Amarita Kaur (Querist) 16 February 2010 This query is : Resolved
Dear Sir /Mam
I want to know if as a lawyer do we need to file any application under any section for stating the issues to be framed???
Or do we need to file any application under order 12 CPC stating that we want to settle the
suit??

When can i ask the court to dismiss the matter as teh suit for recovery is time bared??

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Parveen Kr. Aggarwal (Expert) 16 February 2010
It is the duty of the Court to frame all the issues arising out of pleadings of the parties to the suit. No separate application needs to be filed. However, if any issue is left to be framed or not properly framed an application under Order 14, Rule 5 of CPC can be filed.

Section 3 of the Limitation Act, 1963 provides that every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as defence. So it is for the court to dismiss a time barred suit. If the question of limitation is purely a question of law in any suit then, the court need not get any evidence thereon. But if the issue of limitation in any case is a mixed question of law and facts, then the court is bound to get evidence on that issue and the suit cannot be dismissed as being time barred without recording of evidence.