u/s 14 of cpc
Dheeraj Singh
(Querist) 16 November 2009
This query is : Resolved
Hello Sir,
Once issue has been framed and matterial on record.Now Claimant wants to add fresh issues.Application for the same was filed & dismissed by the court.
Claimant has been moved an app.at HC for same purpose...
we are seeking some judgements/ helpful sites....
G V S Jagannadha Rao
(Expert) 16 November 2009
Order XIV CPC deals with issues. Parties file their plaint and written statement, which is claim and answer to claim. When the parties agree on any facts, such facts need not be proved. On facts differed by parties, issues are framed. Evidence is let in by the parties, to prove the issues the burden of proof of which lies on them.
Some times by mistake or oversight correct issues are not framed. So any of the parties can move the court to frame additional issues. This must have happened in your case. Since you have succeeded in the lower court, now the burden lies on your opponent to convince the court that additional issues have to be framed.
Framing of additional issues as such is perfectly valid and cannot be found fault with. Unless we know the facts and peculiarities of your case, it would not be possible to give citations helpful to you.
Raj Kumar Makkad
(Expert) 16 November 2009
Onkar Singh versus Karnail Singh 2007 (2) RCR (Rent) 705
2008(1) RCR (Civil) 545 (P & H)
