Search Results for "Order XIV Rule 5"

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Supreme Court Dismisses Appeals in Property Dispute, Upholds Deletion of Issues and Rejection of Section 151 Application. Court holds that Order XIV Rule 5 CPC allows deletion of issues at any stage and Section 151 CPC cannot be used to circumvent specific provisions like Order VII Rule 11 CPC.

The case involves a property dispute over CB-97, Naraina Village, Delhi Cantt. The appellants (defendants in the suit) challenged two orders of the De...

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Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law.

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory in...

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High Court of Karnataka Allows Framing of Additional Issue in Injunction Suit Despite Absence of Rejoinder. Order XIV Rule 5 CPC empowers court to frame issues from pleadings, not limited to denial.

The petitioner, defendant in a suit for permanent injunction, filed an application under Order XIV Rule 5 CPC seeking framing of an additional issue r...

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Bombay High Court Allows Deletion of Issue in Civil Suit — Limitation and Adverse Possession Cannot Be Raised Without Plea of Ouster. Issue regarding limitation and adverse possession framed without pleadings is liable to be deleted under Order XIV Rule 5 CPC.

The petitioners, who are plaintiffs in Regular Civil Suit No.134/02/D before the Civil Judge, Junior Division, Margao, challenged the order dated 21st...