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Report No. 163

Order XIV

Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

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4. Court may examine witnesses or documents before framing issues.- Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not produced in the suit, it may adjourn the framing of the issues to a future day, and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process.

5. Power to amend, and strike out, issues.- (1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the mailers in controversy between the parties shall be so made or framed.

(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.

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




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