Application for Framing Additional Issue (India)
This template is a formal legal application used to request the court to frame additional issues during a civil lawsuit. It is specifically designed for situations where a necessary legal point was omitted from the initial framing of issues, ensuring all critical aspects of the case are adjudicated.
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, _____
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About this template
What is this template?
This document is a formal court application rather than a contract or notice. It specifically invokes the court's power under Order XIV Rule 5 to amend issues or frame additional issues to ensure all points of contention are addressed.
When should you use it?
Use this application after issues have been settled but before the final decree if a relevant point of law or fact was missed; use an Application for Amendment of Pleadings instead if the underlying facts are not yet in the record.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Title Block | Identification of Parties | Identifies the Plaintiff and Defendant roles and the specific Civil Suit number assigned to the ongoing litigation. |
| Paragraph 2 | Proposed Additional Issues | Specifies the exact factual or legal questions the applicant requests the court to include in the trial proceedings. |
| Closing | Prayer for Relief | Requests the court to exercise its power to amend or add issues necessary for determining the controversy. |
Who it's for
- a party to an Indian civil suit identifying a material proposition omitted from the issues
- legal counsel drafting a procedural application under the Code of Civil Procedure
How long it runs and how it's signed
Law it's drafted under
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