Nedunuri Kameswaramma v Sampati Subba Rao (1963)

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

Facts.

Although a specific issue had not been formally framed, both parties clearly understood the point in controversy and led full evidence on it.

Issue.

Does the absence of a formally framed issue vitiate the trial?

Held.

Where the parties knew the case they had to meet and led evidence on it, the mere absence of a formally framed issue does not vitiate the decision; substance prevails over form.

Why it matters.

It qualifies the O.14 rule — accuracy of issues matters, but a fair trial is not undone by a technical omission.

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