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 ... Gurnani learned counsel for the Plaintiffs that under
Order XIV Rule 5 CPC Court has the power to amend an issue or frame
an additional
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
provisions of Order XX of Code, 1908 or Order XIV of Code, 1908 and application under Order XIV, Rule 5 of Code, 1908 is maintainable ... provisions of Order XX, Rule 4 of Code, 1908 and not by the provisions of Order XIV, Rule 5 of Code, 1908 which
respondent
No. 1 under Order XIV, Rule 2 CPC has also been filed. The
application under Order XIV, Rule 5 filed by the petitioner ... parties were heard on applications
filed under Order XIV, Rule 2 CPC and Order XIV, Rule 5 CPC by
respondent No. 1 and petitioner respectively
said order
was not challenged at the relevant point of time.
Thereafter the petitioner filed second application under
Order XIV Rule 5 read with Section ... vehemently contended that the impugned orders passed
by the Trial Court rejecting the applications filed under
Order XIV Rule 5 of Civil Procedure Code
recalling order dated 07.10.2017 dismissing his application under
Section 31 CPC for summoning witnesses and the other application under
Order XIV Rule 5 read with ... which was directed to be registered separately. Another application
under Order XIV Rule 5 CPC was subsequently filed by defendant on
22.03.2017 for framing additional
recalling order dated 07.10.2017 dismissing his application under
Section 31 CPC for summoning witnesses and the other application under
Order XIV Rule 5 read with ... which was directed to be registered separately. Another application under
Order XIV Rule 5 CPC was subsequently filed by defendant on 22.03.2017
Page 5
hearing in the application being
I.A. 16968/2022 under Order XIV Rule 5 CPC , 1908 for framing of
additional issues.
2. It is submitted ... Date of hearing in I.A. 16968/2022 under Order XIV Rule 5 CPC
is preponed to 29.11.2022.
8. Application stands disposed
with reference to the provisions covered
by Order XIV Rule 2 CPC and Order XX Rule 5 CPC and also with
reference to Sections ... preliminary issue within the meaning of Order XIV
Rule 2 (b) with Order XX Rule 5 CPC with reference to Sections
151 read with
