Framing of Issues--Ex Parte Suit--Omission to Frame Issues on Point of Dismissal of Suit Causes Prejudice and Vitiates Trial Under Order 14 CPC
While formal framing of issues may not be mandatory in ex parte suits under Order 14 Rule 6 of the CPC, a court is legally obligated to identify "points for determination" before rendering judgment. A judgment under Section 2(9) CPC, read with Order XX Rule 4(2), must be a self-contained document stating the case, points for determination, decision, and reasons. Omission to frame issues on a point upon which the suit is eventually dismissed causes material prejudice to the plaintiff, who is never put to notice to lead evidence on that question. Such omission vitiates the trial where the party had no opportunity to address the issue.
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