Till what stage additional issues can be framed by the court?

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Shubham Budhiraja[1]

 

A filed an infringement suit against B. The issues were framed by the court and local commissioner was appointed. The evidence affidavit field by parties but evidence yet to be recorded. A, plaintiff filed application under O24 R1 CPC seeking an additional issue to be framed on rendition of accounts. B opposed the same on ground that there is no question of rendition of accounts because dispute is as per terms of license agreement which does not contain any such condition of statement of account. Hon’ble Delhi High Court held that the court while framing an issue need not go into the fact that whether any of the parties would be ultimately able to prove the aforesaid issue or not. An application for framing additional issues cannot be rejected only on the ground of delay, if otherwise, the Court is of the view that additional issues are required to be framed in the facts and circumstances of the case.[2]

 

(I)             In terms of Order XIV Rule 1 of the CPC, the Court is required to frame issues upon all material propositions of fact or of law on which the parties are at variance. Order XIV Rule 5 of the CPC empowers the Court to amend issues or frame additional issues before passing a decree if such issues may be necessary for determining the matters in controversy between the parties.

 

(II)          Undoubtedly, there is an inordinate delay on behalf of the plaintiff in moving the present application. However, in view of the provisions of Order XIV Rule 5 of the CPC, an application for framing additional issues cannot be rejected only on the ground of delay, if otherwise, the Court is of the view that additional issues are required to be framed in the facts and circumstances of the case and such issues are necessary for determining the controversy between the parties.

 

 


[1] Advocate, Delhi High Court [LLB,ACS, BCOM(H)], Budhirajalawchambers@gmail.com  , +91-9654055315

[2] Saregama v. Zee, Delhi High Court, 2023:DHC:2879

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