Issue

3 min read

CIVIL

Framing of issues under CPC-Specimen

That onus to prove that, the plaintiff ’s suit is bad due to nonjoinder of necessary party or misjoinder of parties, was upon the defendants which they failed to discharge, hence it can be said that the suit is not...

Framing of issues under CPC

11 min read

CIVIL

Framing of issues under CPC

i. Whether plaintiffs are owner and in the possession of the suit property? ii. Whether suit has been undervalued? iii. Whether court fees paid is insufficient? iv. Whether plaintiff ’s suit is barred by estoppel and acquiescence?

15 min read

CIVIL

If appellate Court allowed adducing additional evidence, the trial Court cannot deny such a party from adducing evidence

SHRI RANJIT KUMAR SARKAR AND OTHERS Vs. SHRI HIRALAL SARKAR AND OTHERS - The appellate Court allowed the parties to adduce evidence on the additional issue, no further application either by the plaintiff or by the defendant is required for...

Application for additional issue if moved at belated stage is no ground to decline if the fact is not disputed

5 min read

CIVIL

Application for additional issue if moved at belated stage is no ground to decline if the fact is not disputed

SMT. KRISHNA KANWAR AND OTHERS Vs. SATYA PAL SINGH CHAUHAN (SINCE DECEASED) THROUGH HIS LRS AND OTHERS - As it is the duty of the Court to frame the proper/specific issues on all the points raised in the pleadings. Even...