AI Overview...
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Application under Order 14 Rule 5 CPC - The rule allows parties to request framing of additional issues during civil trials, typically at the stage of final hearing or before the court's final decision. Several cases highlight that such applications are subject to judicial discretion and procedural requirements. For instance, applications for framing additional issues have been rejected when not supported by proper pleadings or affidavits, or when filed at inappropriate stages LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan, Ram Prakash VS Anil kumar - Rajasthan, Padmja Sharma VS Ratan Lal - Rajasthan, Simrat Exports VS Anil Tiwari - Rajasthan, Tulsi Ram VS Mitha Lal - Rajasthan, S. L. GUPTA VS RAMESH KUMAR - Delhi, JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka.
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Rejection of Applications - Courts often reject applications under Order 14 Rule 5 when procedural norms are not followed, such as lack of proper support, or when the application is filed late or without sufficient cause. Rejections can be challenged via revision petitions, but the courts uphold the rejection if procedural lapses are evident LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan, Ram Prakash VS Anil kumar - Rajasthan, Padmja Sharma VS Ratan Lal - Rajasthan, S. L. GUPTA VS RAMESH KUMAR - Delhi, JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka.
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Stage of Filing - The application under Order 14 Rule 5 is generally considered at the final stages of the trial, such as during final hearing or pre-trial, and not at the initial stages. The timing of the application significantly influences its acceptance Simrat Exports VS Anil Tiwari - Rajasthan.
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Legal Effect and Purpose - The primary purpose of invoking Order 14 Rule 5 is to enable parties to clarify issues or introduce additional issues relevant to the case, which can influence the final decree. However, courts emphasize that such applications should not be misused to delay proceedings or introduce unnecessary complications Tulsi Ram VS Mitha Lal - Rajasthan, 01700017060.
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Judicial Discretion - The courts exercise discretion based on the facts, procedural compliance, and the stage of proceedings. They tend to favor the finality of issues and discourage piecemeal adjudication unless justified LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan, Ram Prakash VS Anil kumar - Rajasthan.
Analysis and Conclusion: Order 14 Rule 5 CPC provides a procedural mechanism for parties to seek framing of additional issues during civil trials, primarily at the final stages. Its proper use depends on adherence to procedural norms, timely filing, and support through affidavits or pleadings. Courts have consistently rejected applications that do not meet procedural standards or are filed at inappropriate times. While the rule aims to facilitate comprehensive adjudication, its misuse or late filing can lead to rejection, emphasizing the importance of procedural discipline in civil litigation.
References: - LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan - Ram Prakash VS Anil kumar - Rajasthan - Padmja Sharma VS Ratan Lal - Rajasthan - Simrat Exports VS Anil Tiwari - Rajasthan - Tulsi Ram VS Mitha Lal - Rajasthan - S. L. GUPTA VS RAMESH KUMAR - Delhi - JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka
Search Results for "Application under 14 Rule 5 Civil Procedure Code"
2019 0 Supreme(Raj) 555 • India - Rajasthan
SANJEEV PRAKASH SHARMA
the application under Order 14 Rule 5 of the Code of Civil Procedure at the appellate stage has been rejected – Held, Appeal preferred ... Code of Civil Procedure, 1908 – Order 14 Rule 5 – Petitioners challenging the order dated 20.02.2019 whereby ... under Order 14 Rule 5 of the Code of Civil Procedure at the appellate stage has been rejected Finding of ... The....
2008 0 Supreme(Raj) 2353 • India - Rajasthan
VINEET KOTHARI
Order 14 Rule 5 Civil Procedure Code - Additional Issues - The court rejected the defendant's application for additional issues ... Fact of the Case: The defendant filed a writ petition against the rejection of their application under Order 14 Rule ... 5 Civil Procedure Code for additional issues in a money recovery suit. ... Whatever the defendant has said in the application under Order #HL_STA....
1993 0 Supreme(Raj) 726 • India - Rajasthan
MOHINI KAPUR
under Order 14 Rule 5 Civil Procedure Code for framing an issue with respect to the property of the parties, including the return ... Fact of the Case: The petitioner, in a divorce petition filed under Section 13 of the Hindu Marriage Act, 1955, moved an application ... This appeal was against the order dated 9th June, 1992 of the Family Court, Ajmer by which the Court refused to accept an application under Order 14 Rule 5 #HL_STAR....
2017 0 Supreme(Raj) 2833 • India - Rajasthan
INDERJEET SINGH
under Order 14, Rule 5 C.P.C. would be considered at time of final hearing of the application, secondly the evidence of the petitioners-non-applicants ... filed under Order 14, Rule 5 civil Procedure Code by Petitioners/Non applicants in its entity - Respondents/applicants have filed ... Rajasthan Rent Control Act, 2001 - Section 9(a) and (f) – Civil Procedure Code1973 - Order 8, Rule#HL....
2017 0 Supreme(Raj) 1669 • India - Rajasthan
DINESH MEHTA
Judge North No. 1, Udaipur whereby petitioners application under Order 14, Rule 5 of Code of Civil Procedure, seeking amendment ... Code of Civil Procedure – Order 14, Rule 5 – Mandatory injunction – Written statement – Relief of possession ... order – Possession – Decree of injunction – Present writ petition is directed against order dated passed by learned Additional Civil ... ... The present writ petition is di....
1996 0 Supreme(Del) 416 • India - Delhi
S.N.KAPUR
The plaintiff filed an application under Order 14 Rule 5 of the Civil Procedure Code for framing additional issues. ... CIVIL PROCEDURE CODE - ORDER 14 RULE 5 - ADDITIONAL ISSUES - FRAMING OF - REJECTION OF APPLICATION - REVISION - MAINTAINABILITY ... The application was rejected by the trial court. ... Kapoor ... ( 1 ) THIS revision is directed against an order dated 22. 10. 84 dismissing an #HL_....
2025 Supreme(Online)(HP) 3475 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
14 Rule 5 of the Code of Civil Procedure. ... The court analyzed the legality of a will under scrutiny following the trial court's allowance of defendants' application under Order ... Mumtaz Ali & Ors.”, whereby the application of respondents under Order 14 Rule 5 of the Code of Civil Procedure (in short the Code) has been allowed. 3. ... Mumtaz Ali & Ors.” is set aside and the applica....
2003 0 Supreme(P&H) 1155 • India - Punjab and Haryana
M.M.KUMAR
Fact of the Case: The plaintiff-petitioner filed an application under Order 14 Rule 5 of the Code of Civil Procedure ... Issues: The main issue was the dismissal of the application for framing an additional issue under Order 14 Rule 5 of the Code ... Code of Civil Procedure - Application for Framing Additional Issue - The court dismissed the application for f....
2003 0 Supreme(P&H) 1153 • India - Punjab and Haryana
M.M.KUMAR
Fact of the Case: The plaintiff-petitioner filed an application under Order 14 Rule 5 of the Code of Civil Procedure for ... Code of Civil Procedure - Application for framing additional issue dismissed - Misuse of process of law - Dismissal upheld ... The plaintiff's previous application for adducing additional evidence had also been dismissed. ... . - Code of Civil Procedure, 1908 (for brevity, the Code) challen....
2020 0 Supreme(Kar) 1789 • India - Karnataka
S.G.PANDIT
under Order 14 Rule 5 of Code of Civil Procedure, 1908, praying for framing of additional issues - Trial Court rejected the application ... under Order XIV Rule 5 of CPC praying to frame two more additional issues - Said application is not even supported by affidavit of ... Constitution of India,1950 – Article 227 – Civil Procedure Code,1908 – Order 14 Rule 5 – ....
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