Makhanlal Bangal v Manas Bhunia (2001)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

An election trial proceeded on issues that did not properly reflect the real controversy between the parties.

Issue.

What is the court’s duty in framing issues under Order 14?

Held.

Framing of correct and complete issues is the backbone of a fair trial; the court must apply its mind to the pleadings, the answers of parties and the documents, and frame issues that capture the real points in dispute.

Why it matters.

It anchors the O.14 essay on the importance and method of framing issues.

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