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Pvt_RajKing (Private)     30 July 2010

Framing of Issues (Civil)

Hello,

As you know, the framing of issues (questions) is one of the key steps in a civil case. So, the question is, Can we make a submission/representation to the judge as to what questions we would like the court to address that we think is relevant to the case? If yes then under what CPC code do we file this?

Your quick help with the same is much aprpeciated.

Thanks

Raj



Learning

 11 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 July 2010

Dear Pvt_Professional,

Issues are framed under order 14, issues will be framed by the court , however you can bring on record the draft issues.

regards,

SHIRISH S. PAWAR

9324536299

Pvt_RajKing (Private)     30 July 2010

Originally posted by :SHIRISH PAWAR, 9324536299
"
Dear Pvt_Professional,

Issues are framed under order 14, issues will be framed by the court , however you can bring on record the draft issues.

regards,

SHIRISH S. PAWAR

9324536299
"

 Thanks. But how would I go about to "bring on record the draft issues."?

Daksh (Student)     30 July 2010

Dear Pvt_Professional,

As a matter of practice (subject to the respective High Court Rules in this regard)  both the sides give their proposed issue to the judge whereafter on the basis of pleadings the judge after hearing both the parties frames the issue.

Best Regards

Daksh


(Guest)

Sh. Pvt_Professional,

Kindly submitt draft issues para wise which your side like to suggest for consideration of Court by filing an "Application Under Order 14 Rule 5 CPC R/w S. 151 CPC" .

Sh. Pawar's advise is correct.

Rgds.

Pvt_RajKing (Private)     30 July 2010

Thanks for all the help.

Pvt_RajKing (Private)     09 November 2010

Sorry for the trouble. We filed the draft issues but the judge has completely ignored all of them even thought they are very critical issues. The issue the judge has framed are general and doesn't address the crux of the case...  We would like to press the judge to consider our draft issues... What is the procedure and under what CPC rules to make that application?

[Per my reading it seems like we should file an I.A under Order 14 Rule 1 r/w 151 CPC, requesting addition of additional issues, indicating the deficiency is the issues framed.]

Thanks in advance for the help.

Pvt_RajKing (Private)     09 November 2010

I meant "Order 14 Rule 5(1)  r/w 151 CPC"

MUKESH (Legal Consultants)     21 July 2011

Mr. Pvt. Professional, I too have been witness to misuse of discritionary powers of framing of issues by the court under Order 14 Rule 5. Neither the Plaintiff nor the defendant had raised those issues of fact or law at which they were at variance, still the Hon'ble (?) Judge framed those issues at a later stage and derailed the suit, of course to the Plaintiff's loss. Will anybody suggest a way out of this?

MUKESH (Legal Consultants)     21 July 2011

Mr. Pvt. Professional,

On second thought, I think that the powers of the court under rule 5 Order 14 are controlled by Rule 3 of the same order and it can not frame issues from any other material except those mentioned in rule 3. Besides, an error in framing an issue, being an error of law, is amenable to revision and as such we can file Revision Petition. Comments on above will be appreciated.

Rajinder Singh Bhalla (Proprietor)     27 March 2014

Issues are to be framed on the basis of Plaint, WS and after examination of Parties.

in the WS I questioned the possession and residence of the plaintiff. Along with the WS I filed proposed issues which is on court file and not take on record in the note sheet of court file. One of the proposed issues was - whether suit is barred by limitation.

Now since detailed issues relating to facts and law were filed, these were not taken into taken in preliminary issues.

Now this was not taken in the issues framed by court.

The second one is relating to Burden of Proof. The defendant is given the burden of proof that the plaintiff was not residing in the suit property. This is also wrong. The burden of proving this should be on the plaintiff.

surjit singh (Assistant)     28 March 2014

The general procedure is draft issues are filed from both the side and it is the prerogative of the judge to consider from the draft issues of both the parties as final issue, or the judge himself can determine the issuse. If you are dissatatisfied by the framing of issued by the judge and you want some more issued to be considered, then you have the option to go for appeal against the order. The soon you go for appear is better,


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