A Kumar 29 September 2015

Issues framed: reframe request at arguments stage?

Is it OK for a plaintiff to request for reframing of issues after 2 years or, say, when the Argument Stage is reached? What are the implications if this is allowed by the Court?

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5 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 30 September 2015

Yes.Court may at anytime before passing a decree amend the issues or frame additional issues if it thinks fit, and if it is necessary for determining the matters in controversy between the parties. Likewise,Court may strike out any issues if it is felt that the issues were wrongly. Opportunity may be granted to the parties to let in evidence, after amending the issues if the Court feels that the same is required to meet the ends of Justice.

SAINATH DEVALLA (LEGAL CONSULTANT) 30 September 2015

Rightly analysed by Adv Saleema Kabeer, nothing more to add.

Anand Bali Adv. (Advocate Solicitor & Consultant) 30 September 2015

Yes I agree with Adv Saleema Kabeer.At any point of time before the final judgement stage court may delete and add any new issue in the case based on proper prima fasai evidences and circumstanses of the case after giving a proper opportunity to the opposit party to reply that why not these new issues be framed aganist him?.