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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Sunil Kumar – Appellant
Versus
Nirmala Devi – Respondent
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. The present revision petition has been filed under Article 227 of the Constitution of India, 1950, seeking setting aside the impugned order dated 01.11.2025 passed by the learned Civil Judge (Jr. Divn.), Abohar (Annexure P-6), whereby the learned Court has disposed of the application filed by the petitioner under Order XIV Rule 5 CPC (Annexure P-4) for framing of an additional issue in Civil Suit bearing No. CS/803-2023 titled as “Sunil Kumar vs. Smt. Nirmala Devi and others.”
2. The brief facts of the case are that the petitioner had filed a civil suit for declaration, claiming to be the owner in possession of the suit property, as mentioned in the plaint, along with a consequential relief of permanent injunction against respondent No.1–Nirmala Devi and others. Upon notice of the said suit, respondents No.1 to 4 appeared and filed their written statement. Thereafter, on the basis of the pleadings of the parties, as many as seven issues, including the relief issue, were framed by the learned trial Court vide order dated 09.04.2024. Thereafter, learned counsel for the petitioner moved an application under Order XIV Rule 5 CPC for framing of an
Existing legal issues sufficiently addressed the matter in controversy, making the request for additional issues unnecessary and delaying proceedings.
Important Point :Framing additional issues post-evidence completion is impermissible if the principal issue can be proved, deeming such applications as afterthoughts.
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 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....
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