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Non Framing of Specific Issue Order 14 Rule 1 2019 YLR 2344

2019 YLR 2344 Non Framing of Specific Issue Order 14 Rule 1

2019 YLR 2344 Non Framing of Specific Issue Order 14 Rule 1
Order 14 Rule 1 of CPC…Suit for declaration…Non-framing of specific issue…Effect…Trial Court dismissed the suit but the Appellant Court remitted the matter after recasting additional issue for further evidence…Validity…When parties from very inception knew with regard to real controversy in dispute the non-framing of specific issue was inconsequential…Issue were to be framed so that parties should be aware of subject matter requiring relevant evidence to be led upon…Parties in the present case were aware as to what was the subject matter of controversy and what evidence was to be led each one…Trial Court did not prevent the parties from leading evidence at the trial with regard to the controversy canvassed by the plaintiff in the plaint…Non-framing of issue in such circumstance was inconsequential…Even otherwise issue by the appellate court required no further evidence in the present case…Parties had knowledge of the controversy involved and they were afforded full opportunity to lead evidence in support of their pleas which had been availed…Remand of case to lead further evidence was not warranted, in circumstances…Impugned order passed by appellate court was not sustainable which was set aside…Appellate Court was directed to decide the appeal on the available record…Revision was disposed of, in circumstances.

Main Ingredients of Judgment:-
1.Suit for Declaration
2.Non-framing of Specific Issue
3.Additional Issue for further evidence
4.Aware of subject matter of controversy
5.Afforded full opportunity to lead evidence

Advocate High Court
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