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VIKAS BAHL
Prem Kumar – Appellant
Versus
Poonam Walia – Respondent
| Table of Content |
|---|
| 1. revision petition under article 227 regarding issues in a property case. (Para 1 , 5) |
| 2. need for framing additional issues based on pleadings. (Para 2 , 3) |
| 3. court observes existing issues are sufficient; additional issues unnecessary. (Para 4 , 6) |
| 4. revision petition dismissed; all ancillary applications disposed. (Para 7 , 8) |
JUDGMENT :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 10.12.2024 passed by the Civil Judge (Junior Division), Amritsar (Annexure P-8) vide which the Civil Judge (Junior Division), Amritsar had dismissed the application filed by the petitioners under Order 14 Rule 5 of CPC for framing of the additional issues.
2. Learned counsel for the petitioners has submitted that in the present case, the additional issue, which is reproduced as under, is also required to be framed on the basis of the pleadings of the parties:-
1. Whether the defendants no.1 and 2 purchased the suit property under valuable consideration. OPD?”
3. It is submitted that for the said purpose, the petitioners-defendants had moved an application (Annexure P-7) which had
Existing legal issues sufficiently addressed the matter in controversy, making the request for additional issues unnecessary and delaying proceedings.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Omission to frame an issue would not vitiate the trial if the parties were aware of the issue and led evidence on it.
Trial courts are mandated to frame specific issues based on material propositions of fact and law asserted in pleadings. General issues covering broad reliefs are insufficient; failure to frame speci....
The framing of specific issues based on the pleadings of the parties is essential for the effective adjudication of a suit, and the trial court has the authority to do so under Order 14 of the Code o....
Amendments to pleadings should be liberally allowed for effective adjudication unless they cause injustice to the other party.
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
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