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When can issues be raised in a court proceedings
26-Aug-2023 (In Civil Law)
Can issues be framed at any stage in a case., Even when the cross has started ?
No there is a proper stage in a case that is called framing of charges. Where you plead guilty and accept charges or not plead guilty and demands trial, at a later stage edivence is recorded, cross happens but cross cannot happen before framing of charges.
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Adv. Peeyush Bhatia
Delhi | 25+ Answers
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Yes, under Order 14 Rule 5
of the C.P.C. the Court is empowered to amend issues or frame additional
issues at any stage of proceedings.
After the amendment of 2002 in the Code of Civil Procedure, Order 14
Rule 5 which was deleted by an earlier amendment, was brought back and so the Courts again have wide powers to amend or strike out any issues framed at any stage before passing the decree. Further, the Court has been given powers to amend or frame additional issues as may be necessary for determining the matters in
controversy between the parties.
of the C.P.C. the Court is empowered to amend issues or frame additional
issues at any stage of proceedings.
After the amendment of 2002 in the Code of Civil Procedure, Order 14
Rule 5 which was deleted by an earlier amendment, was brought back and so the Courts again have wide powers to amend or strike out any issues framed at any stage before passing the decree. Further, the Court has been given powers to amend or frame additional issues as may be necessary for determining the matters in
controversy between the parties.
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Adv. Aditya Vashisth
Delhi | 25+ Answers
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Yes. According to Order XIV Rule 5 C.P.C., the Court may allow Addition/modification of issues at any stage during the trial before passing a Decree.
An Issue may be added by an Application in the behalf to the Court.
An Issue may be added by an Application in the behalf to the Court.
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