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Report No. 163

Illustrative List - Amending the Issues

(i) Evidence may show that a certain document (not illegal) is void. The court may like to examine the implications and to amend the issues.

Cf. Shamu Patter v. Abdul Kadir, 1912 ILR 35 Mad 607 (PC)

(ii) Evidence may show that an agreement is illegal (and not merely void). Court has itself to frame an issue on the point.

(iii) Defendant may admit a certain fact (in his evidence) or under Order 12 (in response to a notice). The related issue may then require deletion or modification.

(iv) Court may discover that the issue framed by it cannot possibly arise having regard to the nature of the suit.

Chikkaveere Gowda v. Devegowda, AIR 1975 Karn 143.

In fact, the power to amend, etc. issues, instead of causing delay, can well be exercised to avoid multiplicity of litigation.

Chartered Bank of India v. Imperial Bank of India, AIR 1930 Cal 534.

It is presumably because of the valuable object which can be achieved through amendment of the issues, that the Privy Council in one case held that an issue can be raised, even after the close of arguments.

Sham Patter v. Abdul Kadir, ILR 35 Mad 607 (PC).

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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