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Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of IA for Framing Additional Issues in Injunction Suit. Order 14 Rule 1 and 5 CPC does not mandate framing of issues on every factual controversy; only on material propositions of fact or law.

The petitioner, plaintiff in O.S. No.374/2016, filed a suit for permanent injunction against the respondents to restrain them from interfering with hi...

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High Court of Karnataka Allows Writ Petition to Frame Additional Issues in Suit for Declaration and Possession — Order 14 Rule 5 CPC Requires Issues on All Material Facts Including Adoption and Will

The petitioner, Sri Armugam, filed a suit for declaration of ownership and recovery of possession in respect of suit property, claiming to be the succ...

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Bombay High Court Dismisses Petition for Recasting of Issues in Tenancy Suit — No Error in Trial Court's Discretion. The Court held that the trial court's refusal to recast issues under Order XIV Rule 5 CPC was not perverse or arbitrary, as the proposed issues were already covered by existing issues.

The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tena...