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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Hitesh Bansal – Appellant
Versus
Neelam Gupta – Respondent
| Table of Content |
|---|
| 1. revision petition challenging trial court order. (Para 1 , 2 , 3) |
| 2. trial court's authority in framing issues and burden of proof. (Para 4 , 10 , 11) |
| 3. justification of upholding the trial court's order. (Para 12 , 13 , 14) |
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside/modifying the order dated 09.08.2023 passed by the Additional Civil Judge (Senior Division), Hisar vide which application filed by the plaintiff/respondent for reframing issue No.1 was dismissed, however an additional issue i.e., issue No.1A was framed and the defendant/petitioner was directed to first lead evidence over the additional issue.
2. Learned counsel for the petitioner has submitted that in the present case, since the suit had been filed by the plaintiff-respondent thus, it was incumbent upon the plaintiff to first prove her case by leading evidence and it is only thereafter that the defendant should have been called upon to prove his defence. It is submitted that application filed in the present case by the plaintiff was only for reframing of issue No.1, which aspect had been rejected by the trial Cou
The trial court has the authority to frame additional issues and shift the burden of proof based on admissions made by the parties involved.
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
Amendments to pleadings post-commencement of trial under Civil Procedure Code are restricted unless due diligence is demonstrated.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
A party's right to lead rebuttal evidence is forfeited if not reserved before the opposing party begins their evidence, as per Order 18 Rule 3 CPC.
Existing legal issues sufficiently addressed the matter in controversy, making the request for additional issues unnecessary and delaying proceedings.
Established limits for amending pleadings after trial onset under CPC provisions.
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