Framing of issues done without presense of plaintiff & defendant lawyers
niky......
(Querist) 20 December 2013
This query is : Resolved
This is a case going in small cause court.
When i went to the court today & wanted to see the original WS. It came to my surprise that there is an additional new document attracted and t was "Framing of Issues"
1. Framing was done on some random date i.e. no court case date was there on the date that is specified on the Framing issues document. Is this valid?
2. On inquiry to clerk was told that due to some highcourt orders this was done on urgency. Is there any such order in recent? November month?
3. Also can such a scenario happen or its necessary that framing should happen in presence or after discussion on framing issues between 2 parties?
What can i do in this scenario?
Thank you.
Advocate M.Bhadra
(Expert) 20 December 2013
Court can frame issues independently or plaintiff can file suggested issues.
At the first hearing of the suit the Court shall ascertain upon what material propositions of fact or law the parties are at variance. Yet, here, three essential points are to be remembered. Before framing and recording issues, firstly, the Court shall read the plaint and written statement. Secondly, examination under rule 2 of Order X is mandatory, thirdly, the Court shall hear the parties or their pleaders. At the outset, it is apt to see words in rule 1 (5) of Order XIV of C.P.C. Thus, the Fundamental Functions of the Court , as to before framing and recording issues.
niky......
(Querist) 21 December 2013
Thank you Mr. Bhadra, i could only partially get what you said, will try to understand it more.
In my case, I (Defendant) has already filed my WS in reply to the Plaint.
So judge has WS of plaintiff & defendant. But i was told by the court clerk that later framing will happen during regular court dates. But in meanwhile, my amendment to WS application was taken up by court and even before the order for that amendment happened, the Issue framing was done by court at a random date without any intimation to defendant. Neither i was told about it in the later hearing date. It happened to be a coincidence that i checked the original documents that are with court and i noticed this new issue fame doc.
Is this a valid behavior?
R.K Nanda
(Expert) 21 December 2013
court can frame issues at its own.
R.K Nanda
(Expert) 21 December 2013
u can file application u/s 151 of cpc to add
or to delete issues, in court.
V R SHROFF
(Expert) 21 December 2013
PARTIES PRESENCE NOT REQUIRED AT THE STAGE OF "framing issue"
If any party point outr to court, that a imp issue not framed, can be included by court.
Rajendra K Goyal
(Expert) 21 December 2013
Court can frame issues independently, if any issue not framed, prey to court for inclusion.
niky......
(Querist) 21 December 2013
Thank you everyone for your valuable suggestions.
So if i want to add / delete an issue and want to file an application regarding the same, is there a time restriction within which i need to do that or i can file it any time?
R.K Nanda
(Expert) 21 December 2013
FILE SAID APPLICATION ASAP BEFORE START OF EVIDENCE.
R.K Nanda
(Expert) 21 December 2013
MOREOVER, UR WELCOME.
niky......
(Querist) 21 December 2013
Thank you very much Mr. Nanda.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
If at all you desire to file an additional statement, on the permission of court you may be allowed to do so and after additional issues also can be framed, court has got power to frame issues based on the plaint and written statement without hearing any side, if you find that the issues did not cover your subject matter, you may file an application with your views about it.
dev kapoor
(Expert) 25 July 2015
Hi,
No doubt it is the duty of Court to frame issues out of pleadings and documents of contesting parties but courts think to develop issues mostly in presence of issues after proceedings under Order 10 CPC are complete.This safeguard is adopted in order to obviate multiplicity of frivolous issues emerging from pleadings.Sometimes,it is an admitted facts, advocates insert pleas in their pleading out of proportions having nothing to do with actual controversy between the parties.It is when pleadings show that parties are at variance on certain facts and/or law that issues are framed to that extent only.
Now since your application for additional or amended WS was ignored by court and proceeded to frame issues,this is tantamount to impropriety.
You would do well to file a Misc application for 'amendment of issue or framing/deleting any issue already frame'.
For amendment of issues no limitation or period is prescribed.There is`catena of judgment in favor of amendment of issue(s) even at the fag end of a case,like amendment of pleadings.
Read with Experts opinion herein above you qn has been sufficient answered.
