suit, is preferred under Order XIV
Rule 5 of the CPC . Order XIV Rule 5 reads as follows:
10
"5. Power to amend ... purport of Order XIV
Rule 5 CPC , I deem it appropriate to notice the interpretation of
Order XIV Rule 5 CPC by the coordinate Bench
XIV Rule 5 CPC are
different and distinct from the provisions of Order XLI Rule 25, and,
therefore, even if the application under Order XIV ... Provisions of Order XIV Rule 5 CPC as well as
Order XLI Rule 25 CPC are reproduced hereunder:
Order XIV Rule 5 of CPC
5
Order Xiv Rule 5 Cpc Read With Section 151 ... vs Rashid Khalid Kidwai on 1 September, 2021
Author: Asha Menon
Bench: Asha Menon ... 2012, I.A.s.5884/2017 (by the defendant under
Order XIV Rule 5 CPC read with Section 151 CPC for
modification), 5996/2017
order dated 17.4.2021
passed by learned District Judge, Kangra at Dharamshala, whereby an
application filed under Order XIV rule 5 CPC , praying therein to frame ... appeal, defendant No.1 filed an
application under Order XIV, rule 5 CPC praying therein for framing of
following issues
a. Whether the defendant
fact, requiring
evidence. It is argued that under Order XIV Rule 5 CPC , Court has the
power to amend the issues or frame additional issues ... XIV Rule 5 CPC per se is even applicable to the issue raised before this
Court. As is evident, the provisions of Order XIV rule
order dated Sept. 27, 1980 of the Civil Judge is not maintainable as it is an order dismissing the application under Order XIV, Rule 5 ... XIV, Rule 5, C.P.C . falls within the words 'case decided'. The dismissal of the application under Order XIV, Rule 5 thereby
fact, a subsequent
application moved by the appellant under Order XIV Rule 5 CPC , seeking
framing of an additional issue on this aspect and shifting ... failed to appreciate that vide
order dated 30.05.2003, only the appellant's application under Order XIV
Rule 5 CPC for framing of additional issues
order dated 6.8.2016 has dismissed
that application. The second application which is IA
No.4 was filed under Order XIV Rule 5 read with Section ... impugned order would not call for any
interference. However, the appellate Court could
exercise its jurisdiction under Order XIV Rule 5 of CPC
even
submitted that as per the settled position of law, the Order XIV
Rule 5 of the Code empowers the Courts to frame issues ... Court is duly empowered to frame the additional issues under Order XIV
Rule 5 of the Code as the same have been framed before
Trial Court
while deciding the Petitioner's application under Order XIV Rule 5 of Code
of Civil Procedure , 1908 (' CPC '), re-framed ... earlier
framed vide order dated 13.01.2016 and did not frame the issues suggested
in the application filed under Order XIV Rule 5
