Can Courts Frame Issues Without Pleadings in India?

2023 0 Supreme(MP) 992

, AIR 2011 SC 1127 it was poignantly held as under :— “Therefore, it is neither desirable nor required for the Court to frame an issue not arising on the pleadings.

2023 7 Supreme 508

The High Court framed the following question of law: “Whether the first appellate court, in the absence of any issue having been framed by the trial court or by itself and also in the absence of relevant pleadings concerning the plea of non est factum relating ... The High Court was of the view that before the Trial Court, there was neither any pleading nor any issue was framed with regard to the plea of non est factum and as such the First Appella....

2023 0 Supreme(Ker) 656

In the absence of pleadings, evidence, if any, produced by the parties cannot be considered. No party should be permitted to travel beyond its pleading. The object and purpose of pleading is to enable the adversary party to know the case it has to meet. ... As relates issue No.9, framed by the trial court, at the risk of repetition, we will state that in regard to 'the Fragmentation Act’ only a very vague plea was taken in the written statement by the second defendant viz., “In event, according to the p....

2024 0 Supreme(Gau) 987

Though it may be a different case where in spite of specific pleadings, a particular issue is not framed and the parties having full knowledge of the issue in controversy lead the evidence and the court records a finding on it.” ... On the basis of the above pleadings, it is seen that the learned Trial Court framed as many as 7(seven) issues. Issue No. VI related to whether the registered deed of release No. 1186 dated 04.03.1952 is fraudulent, collusive, illegal, void and inoperative document and #HL_S....

2023 0 Supreme(Del) 5768

The effect, if any, of the proof of the defense raised by the defendant no. 1 in paragraph 2 and 12 of written statement with respect to the possession (or absence thereof) will be duly considered by the Trial Court while considering the said issue no.1. ... This Court is of the opinion that the effect, if any, of the said fact of possession is duly covered in the existing issue no. 1 framed vide impugned order dated 26.03.2019. ... In the opinion of this Court the said issue....

If a pleading is objected to by the other side as insufficient, the Judge decides on the sufficiency or insufficiency of the pleading, and if he decides that the pleading is insufficient gives the party leave to amend. He does not as a ride dictate the amendments. ... The Roman-Dutch law gives effect to equitable considerations wherever it is necessary to do justice between the parties. ... But, like the Indian Code, it does not allow the Court to try the case on the pleadings, but requires specific issues to b....

2022 0 Supreme(All) 1667

plea on which no issue has been framed, because in the absence of an issue on the point they cannot be said to have an opportunity of adducing evidence in support of it or in rebuttal of it. ... Shah Naim Ashraf has held that if no issue has been framed on a question which arises out of the pleading of the parties, the Court cannot proceed to record a finding on that point. The paragraph nos. 19 & 20 of the judgment are relevant, which are as under:- "19. ... But in t....

2001 0 Supreme(SC) 1440

... (4) IT is apparent that no issue with respect to the applicability of section 168A of the U.P. Zamindari Abolition and Land Reforms Act, 1950 was framed, obviously in the absence of any pleading to that effect. ... Zamindari Abolition and Land Reforms Act, 1950 when no such plea was raised in the written statement, no issue framed to that effect and no arguments raised by the defendant to that effect. ... The High Court ....

2024 0 Supreme(All) 1715

So the absence of form cannot dissolve an essence if already pleaded.11. ... Though specific issue in regard to readiness and willingness was not framed but while considering the issue no.1, the trial court considered the issue recording that for specific performance of contract readiness and willingness to perform his part of contract by plaintiff is an essential element. ... The issues are framed so that no party at the trial is taken by surprise. It is the issues fixed and not the p....

1976 0 Supreme(Raj) 334

for his residence and also on account of absence of an issue in that behalf. ... In the circumstances there was hardly any ground for causing prejudice or springing surprise upon the defendant even when there was no express pleading as to the suitability of the house or an issue to that effect. ... This finding is being challenged on behalf of the appellant on the ground that neither there was averment to the effect that the appellant had acquired vacant possession of accommodation sui....

2022 0 Supreme(Raj) 618

(I) Whether the finding recorded by the Courts below on the question of sub-letting can be held to have been legally proved in absence of any ingredient regarding relationship of landlod and tenant between the defendant-appellant and his brother? Whether the decree for eviction passed by the two courts below even if found defective on account of lacuna on the ground of material alteration has been found to have been proved? (II) Whether the plea of parting of possession can be permitted to be raised by the respondent-landlord in absence of pleading to that effect in the plaint and ....

2019 0 Supreme(Gau) 1218

Before an issue is framed there must be pleadings to that effect otherwise framing of an issue is totally irrelevant. Accordingly he objects to the submission of Mr. Jha on the ground that in order to adduce evidence the defendant requires the pleadings and as the amendment is in respect of the written statement, there does not arise any question as to the nature of the suit will change and the plaintiff will be prejudiced. 8. Mr. Choudhury, learned Senior counsel submits that there is a specific direction for framing an additional issue and as hereinabove observed, the sai....

2019 0 Supreme(Jhk) 521

Further, it is evident that there is no pleading to the effect as has been sought to be incorporated by way of additional issues, and rightly done so, as because the issues are to be framed on the basis of pleading.

2014 0 Supreme(Ker) 627

'It is well settled that notwithstanding the absence of pleadings before a Court or authority, still if an issue is framed and the parties were conscious of it and went to trial on that issue and adduced evidence and had an opportunity to produce evidence or cross -examine witnesses in relation to the said issue, no objection as to want of a specific pleading can be permitted to be raised later.' In the said judgment the Supreme Court at paragraph 12 observed as follows: At any rate the law regarding the election disputes in this country always insisted upon a more stringen....

2013 0 Supreme(Kar) 153

The learned counsel would further contend that under Order VIII Rule 3, the denial in the written statement should be specific with reference to each of the averments made in the plaint as otherwise the Court trying the suit can hold, since there is non-traverse of the plaint averments it would amount to an admission. He would draw the attention of the court to the written statement filed by 8th defendant, particularly paragraph-10 whereunder a specific plea has been raised by 8th defendant denying execution of any agreement or deed dated 16.01.1951 relinquishing right, title and interest in....