Framing of Issues -- Ex Parte Suit for Specific Performance Dismissed for Want of Points for Determination on Title -- Omission caused prejudice, dismissal set aside
(i) Civil Procedure Code, 1908, O.14 Rr.1, 2 -- Framing of Issues -- Parties Not at Issue on Any Material Question -- Where parties are not at issue on any material question of law or fact, the court may at once pronounce judgment. (ii) Civil Procedure Code, 1908, O.14 Rr.1, 2 -- Framing of Issues -- Ex Parte Suit Where Defendant Does Not Contest -- Framing of issues is not mandated where the defendant does not present a defence, though the importance of framing issues cannot be understated. (iii) Civil Procedure Code, 1908, O.20 R.4(2) -- Points for Determination -- Requirement Despite Absence of Written Statement -- Where a defendant fails to appear or file a written statement, the court cannot dispense with points for determination altogether. (iv) Civil Procedure Code, 1908, O.14 R.6, O.20 R.4 -- Framing of Issues in Ex Parte Suit -- Judgment Must Conform to CPC -- Framing of issues in an ex parte suit is not mandatory under Order 14 Rule 6 CPC, but the judgment must still conform to the requirements of Order 20 Rule 4 CPC. The court must determine points for determination, akin to issues, and answer each to resolve the controversy between the parties. (v) Civil Procedure Code, 1908, O.20 R.4(2) -- Points for Determination -- Function in Judgment -- Points for determination are the restatement by the court of disputed questions placed before it, and the judgment must answer each. They serve to concentrate the reasoning of the court and ensure completeness of adjudication. (vi) Civil Procedure Code, 1908, O.14 Rr.1, 2 -- Omission to Frame Issues -- Test for Prejudice to Parties -- Whether omission to frame issues has caused prejudice to the parties is tested on the touchstone of whether the parties going to trial had knowledge that a particular question was in issue and had an opportunity to lead evidence on that issue. (vii) Civil Procedure Code, 1908, O.14 Rr.1, 2 -- Omission to Frame Issues -- Suit for Specific Performance Dismissed for Want of Title -- Where a suit for specific performance is dismissed for lack of title in favour of the defendant without framing any issue or point for determination on that question, and the plaintiff is given no opportunity to lead evidence on it, the plaintiff cannot be expected to prove such title in the absence of any pleading contesting it. Such omission causes prejudice to the plaintiff and vitiates the ex parte dismissal.
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