Sample of Application for Framing of Additional Issues
IN THE COURT OF ZAIGHAM SALANI, LEARNED CIVIL
JUDGE RAWALPINDI
Saleem Malik Ahmed
Versus
Province of Punjab and others
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 14-03-2021.
2. That out of diverging pleading, the predecessor of this
Honourable Court, framed issues on 21-09-2021 whereas, the
preliminary objections raised by the applicants/ defendants No. 2 to
4 were not properly considered wherein, the jurisdiction of this
Honourable Court was denied and further it was also objected that
the suit was time barred. Any issues in relation to said objections
has not been framed which are required to be added in the array of
already framed issues.
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
Format of Application for Framing Additional Issue
In the court of _____
In the matter of:
_____ VERSUS _____
SUIT FOR SPECIFIC PERFORMANCE
Application U/O _____ Rule _____ of CPC for Framing Additional Issue.
Sir,
The applicant humbly submits as under: –
1- That the above noted case is pending before this Hon’ble court for adjudication and is fixed for _____
2- That inadvertently the necessary issue could not be framed while it was mentioned in the preliminary
objections and the following issue is necessary for proper adjudication the case. The issue as under:- _____
3- That if the application for framing the additional issue is allowed then there is no loss to any one and if the
application has not been allowed then there will be great prejudice to the defendant.
4- That the Hon’ble court is very competent to amend/frame the additional issue at any stage for proper
adjudication the case
It is, therefore, prayed that in the interest of justice, the application for framing the additional issue no. __ as
mentioned in the para no. 2 of the application may kindly be accepted and the additional issue may kindly be
framed. It is prayed accordingly.
Dated: _____
APPLICANTS/DEFENDANT
_____ S/o _____ R/o _____
Through counsel:
_____ Advocate, _____
Format of Affidavit for Framing Additional Issue Deponent
In the court of
In the matter of:
_____ VERSUS _____
SUIT FOR SPECIFIC PERFORMANCE
Application U/O _____ Rule _____ of CPC for Framing Additional Issue.
I, _____ S/o _____ age _____ R/o _____, do hereby solemnly affirm and declare as under:-
1- That the above noted case is pending before this Hon’ble court for adjudication and is fixed for _____.
2- That the deponent has filed the application for framing the additional issue and contents of the application
may kindly be read as part and parcel of this affidavit.
3- That inadvertently the necessary issue could not be framed while it was mentioned in the preliminary
objections and the following issue is necessary for proper adjudication the case. The issue as under:- _____
4- That if the application for framing the additional issue is allowed then there is no loss to any one and if the
application has not been allowed then there will be great prejudice to the defendant.
5- That the Hon’ble court is very competent to amend/frame the additional issue at any stage for proper
adjudication the case.
Deponent
VERIFICATION:
Verified that the contents of paras No.1 to 2 of the affidavit are true to best of my knowledge and para no. 3
to 5 are also true to best of my belief as information received through my counsel. The contents of this
affidavit have been read over to me in Hindi by my counsel.
Verified at _____ on _____
Deponent
Format of Affidavit for Framing Additional Issue Deponent
In the court of
In the matter of:
_____ VERSUS _____
SUIT FOR SPECIFIC PERFORMANCE
Application U/O _____ Rule _____ of CPC for Framing Additional Issue.
I, _____ S/o _____ age _____ R/o _____, do hereby solemnly affirm and declare as under:-
1- That the above noted case is pending before this Hon’ble court for adjudication and is fixed for _____.
2- That the deponent has filed the application for framing the additional issue and contents of the application
may kindly be read as part and parcel of this affidavit.
3- That inadvertently the necessary issue could not be framed while it was mentioned in the preliminary
objections and the following issue is necessary for proper adjudication the case. The issue as under:- _____
4- That if the application for framing the additional issue is allowed then there is no loss to any one and if the
application has not been allowed then there will be great prejudice to the defendant.
5- That the Hon’ble court is very competent to amend/frame the additional issue at any stage for proper
adjudication the case.
Deponent
VERIFICATION:
Verified that the contents of paras No.1 to 2 of the affidavit are true to best of my knowledge and para no. 3
to 5 are also true to best of my belief as information received through my counsel. The contents of this
affidavit have been read over to me in Hindi by my counsel.
Verified at _____ on _____
Deponent
