AI Overview...
Application for Framing of Additional Issues under CPC
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Order 14 Rule 5 CPC - Permissibility of Filing Applications at Any Stage
Multiple sources confirm that applications for framing additional issues can be filed at various stages of a suit, including during trial or appellate proceedings, provided the court finds it necessary for justice Tilak Raj Sharma through his LR Swatanter Bala VS Sourabhdeep Sharma - Punjab and Haryana, Rama Kant Tiwari (Since Deceased) And 6 Others Vs. Smt. Savitri Devi - Allahabad, Pratima Singh VS All India Blind Relief Society - Delhi. -
Conditions and Limitations
Courts generally allow such applications if the issues are relevant and necessary for the determination of the case. However, applications must be supported by proper pleadings and affidavits; unsupported or unnecessary applications are liable to be rejected Subbamma VS Kariyappa - Karnataka, Pannalal VS Punaram - Rajasthan. -
Timing of Filing
While these applications can be filed at any stage, courts tend to scrutinize their timing and purpose. During trial, they are often permitted if they aid in clarifying issues; during appellate stages, courts may reject late or unnecessary applications to prevent delays Lekh Raj VS Ramesh Chand - Himachal Pradesh, Piara Singh And Ors. VS Bhupinder Kumar And Anr. - Punjab and Haryana. -
Legal Principles and Judicial Discretion
The courts emphasize that framing additional issues should not cause prejudice or shift the burden of proof improperly. The principle of waiver may apply if parties fail to raise issues timely, and courts exercise discretion based on the facts of each case Rama Kant Tiwari (Since Deceased) And 6 Others Vs. Smt. Savitri Devi - Allahabad, JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka. -
Rejection of Unmerited Applications
Applications that are unsupported by proper pleadings, filed solely to delay proceedings, or that seek to raise issues not pleaded earlier are typically rejected. Courts also caution against framing issues that are irrelevant or would complicate the case unnecessarily Pannalal VS Punaram - Rajasthan, SALIMA KHATOON VS PREM RANI - Delhi.
Analysis and Conclusion
Applications for framing additional issues under Order 14 Rule 5 CPC are permissible at any stage of civil proceedings, including during trial and appeal, provided they are relevant, properly supported, and serve the cause of justice. Courts have discretion to accept or reject such applications based on their timing, purpose, and compliance with procedural requirements. Properly filed applications can aid in clarifying issues, but improper or delayed requests may be dismissed to prevent abuse and ensure efficient trial management.
References:
- Tilak Raj Sharma through his LR Swatanter Bala VS Sourabhdeep Sharma - Punjab and Haryana
- Rama Kant Tiwari (Since Deceased) And 6 Others Vs. Smt. Savitri Devi - Allahabad
- Shrial Syiem VS Klestina Syiem - Meghalaya
- Pratima Singh VS All India Blind Relief Society - Delhi
- Subbamma VS Kariyappa - Karnataka
- Pannalal VS Punaram - Rajasthan
- JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka
- Piara Singh And Ors. VS Bhupinder Kumar And Anr. - Punjab and Haryana
- Lekh Raj VS Ramesh Chand - Himachal Pradesh
- SALIMA KHATOON VS PREM RANI - Delhi
Search Results for "Application for Framing of Additional Issues can be Filed at any Stage under Cpc"
2023 0 Supreme(P&H) 686 • India - Punjab and Haryana
KARAMJIT SINGH
Fact of the Case: The petitioner filed an application under Order 14 Rule 5 CPC for framing of additional issue regarding ... whether the application for framing of additional issue under Order 14 Rule 5 CPC should be allowed. ... Finding of the Court: The court found that the application for framing of additional issue un....
2025 Supreme(Online)(ALL) 763 • India - High Court of Allahabad
Hon'ble Rohit Ranjan Agarwal,J.
(A) Code of Civil Procedure, 1908 - Order 14 Rule 5 - Writ petition challenging the rejection of an application for framing additional ... ... ... Issues: The main issue was whether the appellate court should allow the framing of additional issues after the trial court ... issues at the appellate stage - The court held that additional issues may be framed at a....
2022 0 Supreme(Megh) 293 • India - Meghalaya
H. S. THANGKHIEW
stage of framing of issues. ... at the stage of framing of issues, contrary to the provisions of Order 7 Rule 14 (3) of the CPC. ... by the respondents at the stage of framing of issues, contending that it is contrary to Order 7 Rule 14 of the CPC. ... The short point that is to be decided in the instant revision is whether the Courts below were correct in allowing additional doc....
2023 0 Supreme(Del) 3563 • India - Delhi
MANMEET PRITAM SINGH ARORA
The defendant filed an application seeking framing of additional issues and recasting of issues under Order 14 Rule 5 read with Section ... filed under Order 14 Rule 5 read with Section 151 of CPC seeking framing of additional issues and recasting of issues. ... Issues: The issues revolved around the framing of addi....
2016 0 Supreme(Kar) 764 • India - Karnataka
B.VEERAPPA
Application of defendant seeking for framing additional issues is not maintainable. ... CODE OF CIVIL PROCEDURE, 1908 – Order 14, Rule 5 – Framing of additional issues – Suit for declaration of title on basis of registered ... – Additional issues proposed to be framed thus, would be negative issues shifting burden of proof on plaintiff, which is impermissible ... after framing t....
1996 0 Supreme(Raj) 1379 • India - Rajasthan
P.C.JAIN
Whether the trial court erred in rejecting the defendant's application to frame additional issues or split Issue No. 3? 2. ... that the court should avoid framing unnecessary or improper issues. ... ORDER 14 RULE 5 CPC - SUIT FOR EJECTMENT - SECTION 13(1)(A) RAJASTHAN PREMISES (CONTROL OF RENT AND EVICTION) ACT - FRAMING OF ... After the framing of Issues, an application under Order 14, Rule 5 #H....
2020 0 Supreme(Kar) 1789 • India - Karnataka
S.G.PANDIT
application under Order 14 Rule 5 of Code of Civil Procedure, 1908, praying for framing of additional issues - Trial Court rejected ... under Order XIV Rule 5 of CPC praying to frame two more additional issues - Said application is not even supported by affidavit of ... the application erroneously - It is contended that the additional issues sought for are very much necessary for....
2000 0 Supreme(P&H) 252 • India - Punjab and Haryana
SWATANTER KUMAR
to framing additional issues at the appellate stage. ... The suit was dismissed by the trial court, and the first appellate court dismissed the application for framing of additional issues ... Ratio Decidendi: The principle of waiver is applicable to framing of issues, and a party cannot claim framing of additional ... During the pendency of the appeal an application#H....
2018 0 Supreme(HP) 1493 • India - Himachal Pradesh
SANDEEP SHARMA
Issues: The main issue was the rejection of the application seeking permission to attach documents in the plaint under Order ... The plaintiff was permitted to file a fresh application under Order 7 Rule 14 (3) CPC, subject to payment of costs. ... The petitioner was granted one last opportunity to file a fresh application under Order 7 Rule 14 (3) CPC, subject to payment of ... of filing of the plaint or before framing of issues,....
2007 0 Supreme(Del) 465 • India - Delhi
H.R.MALHOTRA, SWATANTER KUMAR
decree for possession and damages — Additional issues sought to be raised in appeal which were not even pleaded in the written statement ... — Application only an attempt to delay the proceedings which is not permissible — Application, rejected ... Civil Procedure Code, 1908 ... Order 41 Rules 25 & 27 - Appeal against ... Along with the appeal, the appellants also filed an application under Order 41 Rules 25 and 27 read with Section 151 of the cpc....
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