...without discussing the evidence issuewise, which was in violation of provisions of Order XX, Rule 5 CPC and, consequently, set aside the judgment passed by the Assistant Collecto...Assistant Collector had framed 10 issues and the parties had led evidence on the said issues.9. provisions of Order XX, Rule 5 CPC require that in the suits..., without going into the merits of the findings recorded by the Assistant Collector, on noticing that the compliance of provisions of Order XX, Rule 5 CPC had not been made, set...

...the RAA. The RAA decided the appeal on 26.02.2018 and by judgment (Annex.7) came to the conclusion that the provisions of Order XX, Rule 5 CPC, whereby issue-wise decision is required to be given, was...of provisions of Order XX, Rule 5 CPC and found that the order of remand was justified. The BOR also came to the conclusion that the additional issue based on the plea raised by the defendant aros...provisions of Order XX, Rule 5 CPC, which requires that a suit, in which issues have been framed, the Court is required to state its finding or decision, with the reasons therefor, upon each separate issue...

...decided as per the requirements of the Order XX Rule 5 CPC; and the learned Revenue Appellate Authority too did not carry out the requisite compliance of the requirements of law...26.06.2003 could only be considered to be of rather an assumptive decision.Apart that the judgment impugned so passed by the SDO falls short of the requirements of Order XX Rule 5 ...suit was required to be decreed and accordingly, proceeded to decree the suit declaring the plaintiff as khatedar in relation to 29 kilas of land at Chak 18 and 5 bighas of land at Chak 19 AMS...

...Court and the lower appellate Court are in accordance with the provisions of Order XX, Rule 5 CPC and Order XLI, Rule 31 CPC ? (2) Whether the non-impleadment of...

....13. Heard both sides with reference to the provisions covered by Order XIV Rule 2 CPC and Order XX Rule 5 CPC and also with reference ...in need to refer Order XX Rule 5 & Order XIV Rule 2 CPC.14(a). Order XX Rule 5 CPC speaks that in suit in which issues have be...Maimoona Begum v. G. Sarat Babu on the scope of Order XX Rule 5 read with Order XIV Rule 2 CPC p...

...recording any reasons, the Court has arrived at findings, cannot be sustained.Order XX, Rule 4(2) and Order XX, Rule 5 CPC read as unde...that the judgment shall contain a concise statement of the case, points for determination, the decision therefor and the reasons for such decision. Further, Order XX, Rule 5 CPC ...the reasons, which is apparent from the language of Order XX, Rule 5 CPC, which clearly provides that the Court is required to state its findings and record reasons...

...fact, Order XIV Rule 2 CPC is to be read with Order XX Rule 5 CPC. The scope of Order .... For more clarity Order XIV Rule 2 CPC and Order XX Rule 5 CPC are reproduced hereunder:Order XX ...S. Anjana Reddy v. Palvoi Ranga Reddy referring to Order XIV Rule 2 CPC and Order XX Rule 5 ...

...force. In fact, Order XIV Rule 2 CPC is to be read with Order XX Rule 5 CPC. The scope of ...so which one to prevail. For more clarity Order XIV Rule 2 CPC and Order XX Rule 5 CPC are reproduced hereunder: Order ...S.Anjana Reddy v. Palvoi Ranga Reddy referring to Order XIV Rule 2 CPC and Order XX Rule 5 ...

...vehicle was insured or not, the same was not decided, accordingly, in view of the Order XX Rule 5 CPC, the finding given by the Tribunal is erroneous as the issue framed on the point of insurance of...finding given by the Tribunal is erroneous and it has not decided the Issue No. 3. Neither the plea regarding Order XX Rule 5 CPC can be pressed as it does not have applicability in its strict sense in...appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 26.03.2004 passed by the M.A.C.T./A.D.J., Court No. 5, Hardoi in M.A.C.P. No. 67/2002...

...trial court has dismissed the suit by deciding issue no. 2 against the appellant/plaintiff, and it has not decided any other issue in view of the provision of Order XX Rule 5 CPC which provides that...Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 31.05.2006 by which the trial court has dismissed the suit for recovery of Rs.6,00,000...when it was constituted. However, defendant no. 2 and 3 were deleted as parties vide Order dated 01.05.1991 and further, the suit qua defendant no. 4 was dismissed vide Order dated 26.11.1999...

...both sides with reference to the provisions covered by Order XIV Rule 2 CPC and Order XX Rule 5 CPC and also with reference to Sections 151 and 162 of ...Order XX Rule 5 & Order XIV Rule 2 CPC.14(a). Order XX Rule 5 CPC speaks that in suit in which issues have been framed, the Co...Maimoona Begum v. G. Sarat Babu on the scope of Order XX Rule 5 read with Order XIV Rule 2 CPC p...

...not in conformity with the Order XIV Rule 2 and Order XX Rule 5 CPC, since findings on all issues were not given. He accordingly set-aside the entire judgement ...on all the Issues which also is the clear mandate of sub Rule (1) of Rule 2 of Order 14 CPC. Jurisdiction to try issues of law only can be exercised only in terms of...been set-aside.Order XIV Rule 2(1) of the Code of Civil Procedure casts a duty upon the Court to pronounce judgement on all issues. Sub Rule...

.... Order XX Rule 5 CPC contemplates a mandatory duty on Trial Court to answer all issues framed in a suit. Non answering of all issues results in vitiating the entire judgment subject to exception carved... and may deal with the suit in accordance with the decision on that issue. ORDER XX RULE 5 OF ... 19. On careful perusal of the above statutory provisions of Order XIV Rule 2 and Order XX Rule 5 CPC Trial Court after remand ...

...emergent notice of IA Nos. 1 and 2 and allowed the application filed by the plaintiffs under Order XX Rule 5 CPC and permitted the plaintiffs to serve the defendants by...of the above writ petition the respondent Nos. 1 to 5 (plaintiffs) have made an application under Order 6 Rule 17 CPC before the trial Court seeking permission of the court...plaintiffs have made an application under Order VI Rule 17 CPC seeking permission of the Trial Court to amend the cause title of the plaint and in the event of the Trial Court allowing...

...submitted by the learned counsel for the additional second respondent/the legal representative of the sole defendant, that there has been non compliance of Order XX Rule 5 CPC by the first appellate...appeal under Section 100 read with Order XLII Rule 1 CPC filed by the additional second respondent/appellant is against the judgment and decree dated 25/11/2023 in A.S.No.5/2022 on the file of the...order in I.A.No.2/2022, his mother, got herself impleaded as the additional 5 second respondent in the appeal. The...

...Dictionary' by K.J. Aiyar, 13th Edition the word 'finding' has been described as under: "Finding. Under Order XX, Rule 5, CPC, a 'finding' is a decision on...Order XX, Rule 5 of Code of Civil Procedure which reads thus: In suits in which issues have been framed, the Court shall state its finding or decision...explained in Order XX, Rule 5 of the Code of Civil Procedure. It appears that the term "finding" is different from the term "reasons". "Finding" is the conclusion arrived at and "reasons" are the...

...issues even after refraining the issues as contemplated under Order XIV Rule 5 CPC?c. Whether the original Court has right to decide all the issues by giving common findings, contrary to ...5 CPC?d. Whether the 1st Appellate Court is right in deciding the appeal by itself without recording evidence after having refrained the issues in the form of points as...liable to be dismissed with exemplary costs as in the written statement?4. Whether the plaintiff is entitled to the reliefs sought for?5. What order or decree...

...under Order XX Rule 5 CPC.  The Court below failed to differentiate between the foster and the adopted son and committed an error in treating...defendants-3 and 4 are entitled to the reliefs of partition, separate possession and mesne profits as claimed? 5. What Order or Decree... KUVEMPU NAGAR MYSORE-570 023 5. T SIDDARAMAIAH S/O DODDARAMEGOWDA 6. T S SHIVANANDA...

...specific performance, but, in my opinion, decision on these issues are not called for in the facts of the present case in view of Order XX Rule 5 of the Code of Civil Procedure,1908 (CPC) and that the... 20. Once there is no contract between the parties and which can be enforced at law as an agreement to sell, this Court under Order XX Rule 5 CPC d.... 5. Let me therefore reproduce, at this stage, the document dated 7.12.2006 which is relied upon by the plaintiff as being a complete contract in the eyes of law i.e the same is an agreement to sell...

...passed in O.S.No.3/2004 and remanded the suit to the trial Court for fresh disposal in accordance with law, by keeping in mind the provision of Order XX Rule 5 of CPC and the...mind provision of Order XX Rule 5 of CPC and the proposition of law of citation noted in the body of judgment, by giving further opportunities to both parties to place their...mind the provisions of Order XX Rule 5 of CPC and the proposition of law of citations noted in the body of the judgment, by giving further opportunities to both parties to...