1. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 1 - Issues - Important to notice that there is no counter claim by the defendants - In these circumstances, no relief by adjudication is to be provided to the defendants hence most of the proposed issues are beyond the scope of adjudication - Some are even beyond pleadings - No relevant aspect of the pleadings is outside the scope of issues which are already there - Recasting and reframing of the issues is neither warranted nor merited.  (177) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 1 - Issues - When the parties have already under gone the trial and have led their elaborate evidence knowing their rival claims well, even if issues are not there at all, no prejudice is going to be caused to the parties and the Court can answer their rival claims even otherwise on the basis of pleadings of the parties and the evidence on record.     (177) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 1 - Preliminary issue - The disputed question of facts, which can only be resolved on the basis of evidence to be led by both the parties - It is the settled principle of law that where the factual position is disputed for which the recording of evidence is required, said issue cannot be treated as preliminary issue - Whether plaintiff society has any connection or not with the disputed property/Dera, is certainly a question of fact which can only be adjudicated upon on the basis of evidence - Issue regarding maintainability - It cannot be treated as preliminary issue. (182) P.L.R.
  4. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 1,3, 5 - Issue regarding agreement to sell being forged and fabricated document, was required to be framed - Prayer was made at the fag end of the trial to frame additional issue putting burden thereof on the defendants - That plea had been raised by the defendants in the written statement - They could press for framing of issue arising out of their pleadings - Immediately after filing of the application by the petitioner for framing of additional issue before even that was considered and disposed of by the court, the parties started leading evidence pertaining to the issue - In fact, the entire effort of the petitioner seems to fill in some lacuna left in the evidence already lead - The object of Order 14 Rule 5 CPC is not to allow any party to move application later on for framing of additional issue just to fill in the lacuna.  (179) P.L.R.
  5. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 2 - Court is under an obligation to decide and pronounce the judgment on all issues and the trial Court is thus, well justified in placing reliance on sub-rule (2) to hold that there is no such bar of jurisdiction which would make it mandatory for the Court to treat issue no. 4 as a preliminary issue and the mixed question of fact and law should be decided together. (178) P.L.R. 
  6. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 2 - Facts and circumstances that the petitioners are only making an effort to keep the purchasers out of the litigation - The questions which are arising as to which is the property which is the subject matter of dispute and what is the share is a mixed question of law and fact which will arise out of the evidence of the parties - Applicants have purchased seems prima facie part of the same property in dispute and is a larger chunk of a portion of the house - Court is under an obligation to decide and pronounce the judgment on all issues and the trial Court is thus, well justified in placing reliance on sub-rule (2) to hold that there is no such bar of jurisdiction which would make it mandatory for the Court to treat issue as preliminary. (178) P.L.R. 
  7. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 2 - Preliminary issue - Preliminary issues should be decided for expeditious disposal of the case, but for decision of preliminary issue the parties cannot be and should not be allowed to lead evidence - If any issue involves leading of evidence, that cannot be considered as preliminary issue - Rather, the said issue is to be decided alongwith remaining issues.   (182) P.L.R.
  8. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 2 - Preliminary issue - When the real dispute between the parties i.e. whether parties to the litigation are same and whether subject matter of both the litigation is the same, is different, it shall be mixed question of law and fact to be decided on the basis of evidence to be adduced by the parties - Issue regarding the suit being barred by the principle of res judicata  cannot be decided as preliminary issue.    (182) P.L.R.
  9. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 5 - Court is competent to frame the additional issues where it feels necessity to determine the matter in controversy between the parties - Thus, there can be no prohibition to the trial Court to frame the additional issues. (182) P.L.R.
  10. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 5 - Once there was no contest between the parties - There was no occasion for the trial Court to frame issue. (182) P.L.R.
  11. Civil Procedure Code, 1908 (V of 1908) Order 14, Rule 5(2) - Striking off issue - Court below has committed an error in exercise of its jurisdiction while observing that remedy to rectify the error committed by the Court, while framing wrong issue was only by way of civil revision though the said error could also be corrected by the same court, on the basis of an application filed under Order XIV Rule 5(2) of the CPC. (178) P.L.R.