Framing of issues in Civil Court ( Civil procedure )
https://www.lawyersclubindia.com/forum/What-does-framing-of-issues-mean--12690.asp#.Ug0VSdJmiSp
Earluer thread on similar topic, but leaves unanswered the questions I have framed below.
1) If there is an issue which has to be framed but not framed by judge then how to make sure the issue is framed?
What Order and Rule in CPC allows for any party to request for addition ? Can the other party object & give the reasons ?
2) Does the CPC allow for requesting to break down issue framed by the Court further into smaller issues, allowing for better trial ,and judgment ?
The reasoning is that broken down issues would be easier to prove /disprove than one aggregated issue.It may also have a beneficial impact on appeal, when the issues which the appellant wants to appeal against could in themselves be a smaller issue of fact or law
To leave the realm of hypothetical, in a case scenario of maintenance in HAMA/DV proceeding in a civil court , if is desired by Respondent to have the following issues framed , how can he achieve this, if the Judge has framed half of the issues to everyone's satisfaction, and other half is remaining where each party wants to amend the existing issues :-
----- Court Framed Issues ---
1. Whether the Petitioner is able bodied, highly educated and professionally well qualified ?
2. Whether the Petitioner is earning income sufficient for her needs currently ?
--- Respondent Desired Issues ---
1. Whether the Petitioner is able bodied, highly educated and professionally well qualified ?
2. Whether the Petitioner has been working without interruption prior to filing of the women’s cell complaint on XYZ date ?
3. Whether the Petitioner working in Software with best companies for Y+ years ?
4. Whether the Petitioner was earning very handsomely in UK till ABC date ?
5. Whether the Petitioner resigned from her job voluntarily from ABC_Company on BCD-date ?
6. Whether the Petitioner was earning very good income prior to BCD-date?
7. Whether the Petitioner is current working for APP company in a responsible high management post ?
8. Whether the Petitioner has concealed her true income ?
( cash transactions, etc )
9. Whether the Petitioner is earning income sufficient for her needs currently ?
9. Whether the Petitioner has voluntarily incapacitated herself (as she claims unable to maintain herself ), by taking willful steps to join her new company ?
10. Whether the Petitioner (as she claims unable to maintain herself ) would be able to get a good job in short time which gives sufficient income , if she tries diligently given her excellent professional background ?
Hope this question helps other fighters better understand this topic besides myself.
Thanking you all in advance
