Preliminary issue/hearing
Suryanarayana
(Querist) 11 August 2011
This query is : Resolved
1. Stage of the case - Cross exam of P.W.1.
2. IA filed u/o 14 rule 5 of cpc to take up the matter on preliminary hearing on maintainability of suit by framing/hearing on preliminary issue.
3. plaintiff contends that once matter has been posted for evidence, preliminary hearing on maintainability does not arise at all.
4. I am the defendant.
5. Please suggest me authority - though matter is posted for cross of P.W.1, preliminary hearing on maintainability can be heard that issue be framed first.
valentine thakkar
(Expert) 12 August 2011
Framing of Preliminary issue is the first thing before start of the trial/suit. The word 'preliminary' itself indicates its essence and significance. Once the issues are framed how can there be any preliminary issue? You may apply for amendment in the plaint/complaint u/o VI.
M V Gupta
(Expert) 13 August 2011
It appears that you have filed an application under rule 5 of Or 14 to amend the issues by adding a preliminary issue and decide it first. The Rule is self explanatory that the Court may at any time before passing a decree amend the issues or frame additional issues on such trerms as it thinks fit. As such no authority is necessary. But it is in the sole discretion of the court whether to allow the amendment or not or even if it is allowed to consider the issue along with others on merits.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 August 2011
Yes it is your right to get issues amended but for that you must have good reasons. If the issue goes to the root of the case it must be decided first but in such cases you should be ready to go for revision.
Civil revision is restricted but if you can show that new issue can decide the whole case the revision will be allowed.
DV Rao Advocates-Hyderabad, (C
(Expert) 11 August 2011
