AI Overview...
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Order 14 Rule 5 - Power to Frame or Amend Issues
The Court has the authority to frame or amend issues at any stage of the suit, including during trial and appellate stages, to clarify or determine the matter in controversy. This power is exercisable to facilitate justice and ensure that all relevant issues are properly considered. Several rulings confirm that issues can be recast or additional issues can be framed even after the commencement of trial, provided the Court's discretion is exercised judiciously. LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan, K. N. Palaniswamy Gounder VS P. Subramanian - Madras, Om Lata Kalyan VS Renuka - Punjab and Haryana, Koneti Bhaskar Reddy VS Guladurthi Lakshmi Devi - Current Civil Cases -
Stage of Application and Rejection
Applications under Order 14 Rule 5 for framing or amending issues can be rejected or allowed based on the circumstances, such as lack of support by affidavits or procedural irregularities. Rejection at appellate or trial stages is possible if the Court finds the application unsuitable or untimely. LRs of Late Shri Mohammed VS Yasin Khan S/o Mahnu Khan - Rajasthan, Babu Lal VS Nagar Palika - Rajasthan -
Appellate and Trial Court Jurisdiction
Both trial and appellate courts possess the jurisdiction to exercise the powers under Order 14 Rule 5, including framing additional issues or recasting existing ones. This enhances the Court's flexibility to ensure that the real controversy is adjudicated. However, such powers should be exercised considering fairness and opportunity to all parties. K. N. Palaniswamy Gounder VS P. Subramanian - Madras, Om Lata Kalyan VS Renuka - Punjab and Haryana, Koneti Bhaskar Reddy VS Guladurthi Lakshmi Devi - Andhra Pradesh -
Limitations and Conditions
While the Court can exercise these powers at any stage, issues cannot be changed whimsically or without proper opportunity for parties to be heard. The application must be supported by proper grounds and, in some cases, affidavits. The Court's discretion must be exercised judiciously to prevent prejudice. JUBAIDA W/O. GAYASUDDIN VS NAZIMA W/O. MAHAMMED IRFAN AKRAMI - Karnataka, Babu Lal VS Nagar Palika - Rajasthan -
Impact on Proceedings
Framing or amending issues under Order 14 Rule 5 is a procedural step aimed at clarifying the scope of the dispute, which can be done even after the trial has commenced, provided it is in the interest of justice. The Court's power is broad but must be balanced with procedural fairness. Kishorelal Gupta VS Devilal Kalwar alias Gowalla - Orissa, Koneti Bhaskar Reddy VS Guladurthi Lakshmi Devi - Current Civil Cases
Analysis and Conclusion
Order 14 Rule 5 of the Civil Procedure Code empowers courts to frame or amend issues at any stage of the suit, including during trial and appellate proceedings. This flexibility ensures that the Court can address the true scope of the dispute, promote justice, and prevent unnecessary delays. However, such powers are subject to procedural fairness, proper application, and judicial discretion to prevent misuse. Rejections of applications under this rule are permissible if procedural requirements are not met or if the interests of justice demand it. Overall, Order 14 Rule 5 plays a crucial role in the effective management of civil trials, allowing courts to adapt issues to the evolving nature of the case.
Search Results for "Order 14 Rule 5 any Stage"
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 ... the application under Order 14 Rule 5 of the Code of Civil Procedure at the appellate stage has been rejected Code of Civil Procedure, 1908 – Order 14 Rule 5 – Petitioners challenging the order#HL_....
2004 0 Supreme(Mad) 1699 • India - Madras
N.V.BALASUBRAMANIAN, R.BANUMATHI
Code of Civil Procedure, 1908-Order 14, Rule 5-Framing of additional issues-Same can be framed at any stage of trial before passing ... This Court referred to Order 14, Rule 5 C.P.C. which deals with the powers of the Court to frame additional issues at any point of time before passing the decree for the purpose of determining the matter in controversy between the parties. ... ... 5. ... Considering the nature of ....
2020 0 Supreme(Kar) 1789 • India - Karnataka
S.G.PANDIT
Constitution of India,1950 – Article 227 – Civil Procedure Code,1908 – Order 14 Rule 5 – Property – Mortgage ... 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 learned coun....
2018 0 Supreme(P&H) 2130 • India - Punjab and Haryana
AMIT RAWAL
of Order 14 Rule 5 CPC does not debar the trial Court from framing the issues. ... (A) Civil Procedure Code, 1908, O.14 R.5 – Framing of additional issues – Even if the suit is at the stage of trial, the provisions ... ... (C) Civil Procedure Code, 1908, S.11, O.14 R.5 & O.41 R.5 – Framing ... Even if the suit is at the stage of trial, the provisions of Order 14#HL_END....
1970 0 Supreme(Ori) 108 • India - Orissa
R.N.MISRA
14, Rule 5 and Order 18, Rule 2 of the Code of Civil Procedure, 1908. ... CIVIL PROCEDURE CODE, 1908 - ORDER 14, RULE 5 - ORDER 18, RULE 2 - AMENDMENT OF ISSUES - JURISDICTION OF COURT - POWER TO AMEND ... 5 and Order 18, Rule 2 of the Code of Civil Procedure, 1908. ... The jurisdiction exercised by the court is in terms of Rule#HL_EN....
2002 0 Supreme(Raj) 621 • India - Rajasthan
B.S.CHAUHAN
Order 14 Rule 5 - Civil Procedure - The court rejected the application of the petitioner-plaintiff filed under Order 14 Rule 5 ... An application was filed under Order 14 Rule 5 of the Code to frame a new issue, which was rejected by the trial court. ... Issues: The main issue was whether the application under Order 14 Rule #....
2016 0 Supreme(Raj) 678 • India - Rajasthan
ARUN BHANSALI
of the proceedings by the court is envisaged under Order 14, Rule 5 CPC and therefore, it cannot be said that the trial court committed ... Where after, an application under Order 14, Rule 5CPC was filed and certain more issues were framed; where after, application under ... Order 6, Rule 17 CPC was filed seeking amendment in the reply filed by the respondents, which application was allowed –Held, So ... The framing of issue at any ....
2009 0 Supreme(AP) 366 • India - Andhra Pradesh
L.NARASIMHA REDDY
Civil Procedure Code, 1908-Order 14, Rule 5-Competency of Trial Court to alter scope and ambit of issues framed in a suit, at the ... stage of hearing, without giving opportunity to concerned parties to put forward their views-Issues cannot be changed at whims of ... ... 14. It is, no doubt, true that Rule 5 of Order 14 C.P.C. empowers a Court to amend and recast the issues, at any stage of the s....
2023 0 Supreme(P&H) 686 • India - Punjab and Haryana
KARAMJIT SINGH
- [Order 14 Rule 5 CPC] - [1(a)] - The court allowed the framing of an additional issue under Order 14 Rule 5 CPC to determine the ... 14 Rule 5 CPC. ... 14 Rule 5 CPC should be allowed. ... the guise of an application moved under Order 14 Rule 5 CPC. ... The application fi....
• India - Current Civil Cases
L.NARASIMHA REDDY
Civil Procedure Code, 1908—Order XIV, Rule 5—Amendment and recasting of issues—Can be done by the court at any stage of suit only ... ... Held: It is, no doubt, true that Rule 5 of Order 14 CPC empowers ... (Paras 14, 16)
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