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(Guest)

Framing of Issues in a HMA Suit ?

Could Ld. Seniors here advise me if "framing of issues in a  HMA suit could be done in the absence of both parties pleaders"?

By which I mean to ask that on the date of hearing when framing of issues were supposed to be taken by the HMA Court none were present?

What does the SC says on Issue framing in a civil suit? I have read that framing of issues are plead as to on which issues / which sub issues parties are at dispute and on what issues the parties are supposed to advance arguments or lead evidences, but when issues are framed in the absence of both parties what remedy one can recourse to?
Rgds.

 



Learning

 2 Replies

Adv. Deepak (Advocate)     22 June 2009

Dear D. Arunkumar,  In Hindu Marriage Act Suit, framing of issues is the job of the court and not of the pleaders.  The Hon'ble Court can frame issues even in absence of the pleaders.  It is not required that Court should frame issues only in presence of the parties or their pleaders.  However, if you want to add any more issues which the Honble Court has not considered, you may apply to the Court for addition of that particular issue and the Court will definitely add that issue if it thinks that it is required to be added.  Regards.  Deepak.


(Guest)

Dear Sh. Deepak ji,
Thank you for your kind advise. I will follow the same on NDOH.
Rgds, D. Arun Kumar


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