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Mohan Krishan   15 July 2024

Suit without issues - whether it is possible

This is perhaps a question of law. The question is - can a suit/case continue to run in a lower court, without any issues in it ? The brief details are as follows : A civil case (main-case) had been filed against me in by the OP.   I filed a counter-claim (counter-case) against the OP.  Somehow, issues were framed in the main-case in common. Both the cases continued to run until today with separate case numbers, separate orders. Now suddenly the court has passed an order saying that issues were framed in common and thus he has gone ahead and merged my counter-case with the OP's main-case and thus eliminated all my witnesses in my counter-case. Order VIII, Rule 6A says that a counter-case is like an independent suit and shall have all the rules as applicable to an independant suit. My question is - how can a case (my counter-case) continue to run for so many years without any issues in it - is such a thing possible ? Since issues are core/fundamental to the existence of any case/suit !!!



Learning

 4 Replies

Shashi Dhara   15 July 2024

The suit may be clubbed, you can file petition to recast issues or to add additional issues which can be framed if petition is dissmissed appeal to appeal court.

Mohan Krishan   15 July 2024

Thanks for replying. I appreciate your point regarding recast etc. However, my question was "whether a case can continue in a court for 8 years, with separate orders being passed, having even got dismissed on default, restored, etc but when it came to evidence, the judge has merged the my counter-claim-suit with the main suit (that of the OP) and thus eliminated all my witnesses in my counter-claim saying that the issues had been framed in the main-suit only. If that was so, why did the court allow my suit to exist for 8 years thereby giving me the blind-assumption that my suit would get its chance of a complete trial with its witnesses etc !!!

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

You cannot raise this question here.

You should have filed a petition before the court expressing your grievances due to suo motu merger of main case and the counter case without framing the issues separately for the counter case.

Even now you can file a petition praying for framing additional issues on the basis of counter case and then you can prefer an appeal before high court if the trial court dismisses your petition 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 July 2024

Yes, framing issues is essential in petitions. Framing issues refers to the process of clearly defining and articulating the specific points of contention or grievances that are being addressed in the petition. This is crucial for several reasons: 1. Clarity: Framing issues provides clarity on what the petition is seeking to achieve or resolve. 2. Focus: It helps to focus the petition on specific, well-defined issues, rather than vague or general grievances. 3. Legal relevance: Framing issues in a legal context helps to establish the legal grounds for the petition and shows how the issues relate to relevant laws, regulations, or policies. 4. Evidence: It guides the collection of evidence and supporting documents to substantiate the claims made in the petition. 5. Argumentation: Clear issues facilitate effective argumentation and persuasion, making it more likely to convince the decision-maker or court to rule in your favor. Well-framed issues in a petition typically: 1. Identify the specific problem or grievance 2. Explain how the issue affects the petitioner or others 3. Cite relevant laws, regulations, or policies 4. Clearly state the relief or remedy sought By framing issues effectively, you can strengthen your petition and increase the chances of a successful outcome.


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