framing of issues
bhanu pratap720
(Querist) 19 February 2010
This query is : Resolved
CASE LAW on the point that there should be NO FRAMING OF ISSUES(under order 14 rules 1 and 5 cpc 1908 ) at the appellate stage .
Guest
(Expert) 19 February 2010
ORDER XLI
APPEALS FROM ORIGINAL DECREES
rule 25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1[within such time as may be fixed by the Appellate Court or extended by it from time to time.]
bhanu pratap720
(Querist) 19 February 2010
sir ,actually i need case laws which would support my argument that the appellant cannot ask the district court to frame new issues at the appellate stage.
Guest
(Expert) 19 February 2010
Mr.Ajitabh has vividly clarified your query with the appropriate statute reference. It squarely applies to your case. I think there is no need for any case-law and I also think that you have to demonstrate your case better in the appellate court and enlighten the court about the non-adjudication of crucial issues by the trial court. The need for caselaws rise only when two views are possible from a statute (i.e., ambiguous provision). But here the statute is explicitly clear empowering the appellate court to direct the trial court to frame any left-over issues for a just decision.
Parveen Kr. Aggarwal
(Expert) 19 February 2010
The issues arise from the pleadings of the parties. In case certain issue arises from the pleadings of the parties, no party can claim that such issue cannot be framed. It is the pleadings and not the stage which determines whether an issue is to be framed or not. Issues can be framed at appellate stage also. Besides the specific power to frame issues at appellate stage under Order 41, Rule 25 of CPC, as rightly stated Mr. Ajitabh Acharya, an appellate court has all the powers of a trial court by virtue of provision contained in section 107 of the CPC.
