...learned Civil Judge we regret to say that he has certainly disregarded the provisions of law in this respect. When the parties were at variance on material propositions of fact, it was his duty to frame issues. He, however, failed to frame them.6. The question, however, is whether under the circumstances of the case an omission to...grave irregularity in proceeding to the final hearing of the case without settling issues therein, but the mere omission to frame issues is not necessarily fatal to the trial of the suit. It is an..., the parties have not been prejudiced by the omission and substantial justice has been done in the case, notwithstanding the omission to frame issues, the decision will not be set aside and this case...

..., even in a suit if parties have not been prejudiced by the omission to frame issue and substantial justice has been done in the case then notwithstanding the omission to frame issues, the decision will...unsatisfactory nature of the issues framed, the parties are alive to the point, have adduced evidence on it, and have discussed it in the trial court, judgment and decree will not be set aside vide...acting as attorney of the original owner had executed sale deed thereof in faovur of the appellants who were minor at that time hence the property was sold to them under the guardianship of their mother...

...point was framed by the trial court. A similar contention was raised before the lower appellate court but it was repelled. It may be stated at once that mere omission to frame issues is not necessarily...fatal to the trial of the suit unless such omission has affected the disposed of the case on merits. In the present case, the suit was filed by six persons alleging that they have been irrigating their...1. This second appeal arises out of a suit filed by the plaintiffs respondents for injunction restraining the defendants-appellants from interfering with the right of the plaintiffs to...

...?" 5. Admittedly trial court has not framed the issues. Non-framing of issues in all circumstances does not render the decision bad. Omission to frame issues per-se shall not be a...ground for up setting the Judgment. The omission must affect disposal of the case on merits only then omission can be termed to be fatal. In the instant case omission to frame the issues is an...cautious while considering the case stage by stage. As the omission to frame issues may result in causing the serious prejudice, resultant effect will be miscarriage of Justice, which by no stretch of...

...to frame issues is not fatal when the parties know their case. The authorities referred to hereinabove does not in any way advance the case of the landlords in as much as the omission to frame the...that plaintiffs 2 to 7 were not the heirs of Nek Ram, the original landlord.2. On the pleadings of the parties the following issues were framed by the trial court on 19-7-1972.... Whether the gift and relinquishment deeds were executed by defendants 2 to 7 in favour of the plaintiff? OPP8. Relief. OPP3. To prove the issues the defendants...

...Court because defendant was proceeded ex parte before framing of issues. Moreover, omission to frame issues has not caused any prejudice to the plaintiff because the plaintiff led his ex parte evidence...courts below.3. Baljeet Singh-plaintiff filed suit against defendant-respondent-Gram Panchayat alleging that suit land measuring 17 Kanals 16 Marlas and some other land was given to...father got the suit and other land. However, defendant threatened to take forcible possession of the suit land from the plaintiff. Accordingly, plaintiff sought permanent injunction restraining the...

...account of omission to frame issues. If no prejudice is caused to a party by non framing of issues by the Court, the judgment of the Court cannot be invalidated for failure to frame issues. It would now be apposite to fortify legal narrative precedings by good authority on point. The consequence of an omission by.... In fact it would lead to a mistrial and even miscarriage of justice. However, failure to frame issues does not ipso facto invalidate the proceedings or vitiate the judgment of the Court. At times.... Whether the parties are misjoinder? The following additional issues were sought to be framed at the instance of the defendant/petitioner...

...prejudice can be said to have been caused to any of parties for omission to frame issues by the learned trial court nor can any prejudice be said to have been caused to the defendants by the learned...Joshi v. Satya Narayan Bazaz, AIR 1993 Gau. 35, submits that non-framing of issues will make a court set aside the decree unless prejudice is shown to have been caused to the party...written statement, the question of framing of issues, according to Mr. Bhattacharjee, did not arise and what was required was to determine the points or questions involved for determination. Page: 477The...

...to frame issues by the learned trial Court nor can any prejudice be said to have been caused to the defendants by the learned appellate Court's upholding of the impugned decree. (18.... Bhattacharjee, referring to the decision of this Court, in Dharam Chand Joshi Vs. Satya Narayan Bazaz : AIR 1993 Gau. 35, submits that non-framing of issues will not make a...and the suit was directed to proceed ex parte. As the defendants had not filed any written statement, the question of framing of issues, according to Mr. Bhattacharjee, did not arise and what was...

...one party and denied by other should form the subject of a distinct issue. However, that was unfortunately not done in the present case.15. Now, what would be the result of omission to frame issues or...omission to frame proper issues would depend upon the facts and circumstances of each case.16. The true scope of Order XIV Rule 1 CPC is that...questions of law:1. Whether the learned trial court has failed to frame proper issues especially the issue with regard to the sale in question being for legal necessity and also an issue on...

...not mandatory yet, if the omission to frame the same causes prejudice to the parties, then the same can vitiate the trial. The test for finding as to omission to frame the issues have caused prejudice...be expected to prove such title in a suit for specific performance of Agreement to sell. Therefore, omission to frame issues has caused prejudice to the Appellant...of the Plaintiff qua the cause of action and accordingly decrees the suit. Further, it held that in a case which has proceeded ex parte, the court is not bound to frame issues under Order XIV and...

...evidence was led by both the parties of all possible aspect involved in the suit, the mere omission to frame issues does not vitiate the proceedings.7. In Ishtiyaq Ahmad v...whether the plaintiffs were entitled to the benefit of Section 43 of the Transfer of the Property Act. Both these issues...proper issues and whether the plaintiffs had acquired title over the disputed land on the basis of the sale deed dated 22-7-1952.3. Before coming to other findings, first of all I would...

.... 5. The trial Court has found that the delay in giving the award did not amount to misconduct; that the omission to frame issues did not vitiate the award; that there was no need to appoint an umpire..., 1944 was omission to exercise jurisdiction and, therefore, amounted to misconduct. (2) The arbitrators had no authority to calculate profits on percentage basis. (3) The arbitrators did not discuss the...) The arbitrators omitted to apply their minds to the matters in controversy and to adjudicate upon all issues with reference to the evidence recorded by them. All these findings were assailed before us...

...judgment reported in (2001) A.I.H.C 1053 (Madras) in [Kanniammal v. Mehroon] that “omission to frame issues or proper...matter in controversy between the parties and when the duty is cast upon the Court to frame proper issues and improper or wrong issues framed, there is no necessity for the Court to give a finding on all..., the Court has got power to amend issues or frame additional issues, as may be necessary, for determining the matters in controversy between the parties, before passing a decree and as per...

...possible aspects involved in the suit. He submitted that mere omission to frame issues is not to vitiate the proceedings. He relied on the decision of the Supreme Court in AIR 1963 SC...parties had no opportunity to understand the real controversy and dispute for want of framing necessary issues the judgment of the court below shall stand vitiated is wholly misconceived. He submitted...financial condition was also in a very bad state. Vishwanath Ram and Lautu Ram for some time went to Bengal to do some business there. Gauri Shanker, the brother of plaintiff No. 1, and defendant No. 1 and...

...counsel has further relied upon AIR 1964, SC 164 AIR 1963 SC 884, AIR 1956 SC 593 and 1981 (II) RCJ 535 to sub­mit that omission to frame issues is not fatal when the parties know their...case The authorities referred to hereinabove does not in any way adva­nce the case of the landlords in as much as the omission to frame the issue in the circumstances of the present case is fatal in...plaintiffs 2 to 7 were not the heirs of Nek Ram, the original landlord. On the pleadings of the parties the following issues were framed by the trial Court on 10-7-1972...

...failure to frame proper issues, save and except the issue regarding adoption of Respondent No.5. 9. In the case of Nedunuri Kameswaramma v/s. Sampati Subba Rao (AIR 1963 SC 884), the Apex Court held that the omission to...as regards the failure of the trial Court to frame appropriate issues. The learned Counsel further submitted that both the parties knew that the issue regarding legality and validity of the adoption...frame issues cannot be fatal in a case where the parties went to the trial fully...

...issues. Duty of the counsel does not belittle the primary obligation cast on the court. It is for the Presiding Judge to exert himself so as to frame sufficiently expressive issues. An omission to frame proper issues may be a ground for remanding the case for retrial subject to prejudice having been shown to have resulted by the omission. The...RPA. For the purpose of this appeal it would suffice to note the issues framed by the High Court, the answers given and the findings recorded by the High Court.“Issues...only two aspects: (i) framing of issues, and (ii) recording of evidence.18. In para 11, sub-paras (a) to (q) (in all 17 sub-paragraphs) of the election petition there are...

...must determine the points for determination, which are akin to issues, and answer them to resolve the matter in controversy between the parties. It was further held that the omission to frame issues...omission to frame the same causes prejudice to the parties, then the same can vitiate the trial. The test for finding as to omission to frame the issues that have caused prejudice...? 5. Surprisingly, no issues touching upon the framework of the suit were framed for consideration. Nevertheless, the trial court proceeded to consider the same as a...

...facts of this case. parties were fully aware of their respective case and that has been thread bare discussed. 22. Thus omission to frame issues has not been...the appellant company ? 4. Whether the award dated 9.3.2006 is liable to be set aside on the ground that the Tribunal had failed to frame issues & pass a judgment...and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to him to depend. (2) In recording the issues, the...