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| Framing of Additional Issues in CPC |
Sample of Application for Framing of Additional Issues
IN THE COURT OF ZAIGHAM SALANI, LEARNED
CIVIL JUDGE
Saleem Malik Ahmed
Versus
SUIT FOR
DECLARATION AND PERMANENT INJUNCTION
APPLICATION ON BEHALF
OF DEFENDANTS NO. 2 TO 4 UNDER ORDER 14 RULE 5
READ WITH SECTION 151 OF CPC FOR FRAMING OF ADDITIONAL ISSUES
Respectfully Sheweth:
1.
That the titled suit is pending before this
Honourable court and is fixed for evidence of plaintiff today on
2.
That out of diverging pleading, the predecessor
of this Honourable Court, framed issues on
3.
That the applicants proposed following two
issues:-
i. Whether
the suit is barred under section 172 of Land Revenue Act and this Honourable
court lacks jurisdiction to entertain the suit? OPD
ii. Whether
the suit is hopelessly time barred and liable to be rejected under order 7 rule
11 CPC? OPD.
4.
That the above said proposed issues are
very much relevant to conclude the lis pending before this Honourable Court and
since the plaintiffs have recorded their
in chief and yet they are not cross
examined therefore if the above stated proposed issues are framed, sit would
not prejudice any such proceedings. Further, the issues can be framed at any
stage till passing of the judgment. Therefore,
this Honourable Court has ample power to frame the above stated issues.
5.
That the instant application is not
accepted, and the said proposed issues are not framed, the applicants would
suffer an irreparable loss.
PRAYER;
Under the circumstances stated
above, it is respectfully prayed that the instant application may kindly be
accepted and the said proposed issues may kindly be framed in the interest of justice.
Any other relief which this
Honourable court deems fit and proper may also be awarded.
Applicants/ Defendants
No. 2 to 4
Through
Counsel
Advocate High Court