Order 14 Rule 5 CPC | Additional Issue Can Be Framed Anytime Before Passing Decree: Karnataka High Court

The Karnataka High Court has said that under Order 14 Rule 5 of CPC, the trial court can at any time before passing a decree, frame an additional issue on such terms as it deems fit as may be necessary for determining the matters in controversy between the parties.

A single judge bench of Justice S G Pandit allowed the petition filed by T Savitha and another questioning the order of the trial court which dismissed their application filed under Order 14 Rule 5 to frame additional issue as to whether the suit for partial partition is maintainable.

The counsel for the petitioners (defendants in the original suit) argued that the suit of respondents (original plaintiffs) is one for partition as well as to declare that the sale deed dated 08.07.2004, 09.09.2005 and 12.04.2017 are not binding on the legitimate share of the plaintiffs over the suit schedule property and also for permanent injunction.

The petitioners as well as other defendants filed their written statement, in which, the defendants specifically contended that the suit for partition by plaintiffs is only with regard to property which has been sold by them through their GPA Holders and plaintiffs have not disclosed with regard to other properties which have fallen to their share under partition deed dated 10.09.1970.

Agreeing, the Court said "Normally in a suit for partition, all the joint family properties shall be included. The above pleading of defendant Nos.9 and 10 would be sufficient to frame additional issue with regard to partial partition.”

It clarified that under Order 14 Rules 5, "the Court at any time before passing a decree, frame an additional issues on such terms as it deems fit as may be necessary for determining the matters in controversy between the parties.”

Accordingly it set aside the trial court order and allowed application.

Appearance: Advocate Shashank Sridhar, for Advocate Sridhara.N for Petitioners.

Advocate Chokkareddy, for R 1 to 5

Advocate Manu.P.Kumar, for Advocate C.S.Prasanna Kumar, for R6 & 11 to 13.

Citation No: 2023 LiveLaw (Kar) 431

Case Title: T Savitha & ANR AND B P Muniraju & Others

Case No: WRIT PETITION NO. 23015 OF 2023

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