Order XIV Rule 5 CPC - Power to Amend and Strike Out Issues

Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to correct, supplement or remove framed issues before passing a decree. The purpose is to ensure that the questions requiring decision accurately reflect the real dispute between the parties.

Statutory text of Order XIV Rule 5

Meaning and scope of the provision

An issue is a material proposition of fact or law affirmed by one party and denied by the other, as explained in Order XIV Rule 1 CPC. Issues guide the parties in presenting evidence and help the court identify the questions on which judgment is required.

Rule 5(1): Amendment and addition of issues

Under sub-rule (1), the court may revise an existing issue or frame a new one at any time before passing a decree. The court has discretion to impose appropriate terms, but it must frame amendments or additional issues necessary to determine the matters actually in controversy.

For example, if pleadings disclose a disputed question about limitation or the validity of an agreement but the court has omitted that question when initially framing issues, the court may consider adding an appropriate issue. Whether a particular issue is necessary depends on the pleadings, admitted facts and applicable law.

Rule 5(2): Striking out incorrectly framed issues

Sub-rule (2) authorizes the court to remove an issue that was wrongly framed or introduced. An issue may be unnecessary if it concerns a proposition not genuinely disputed or not material to the relief claimed or defence raised. The court must evaluate the record before deciding to strike it out.

When can issues be amended?

The express statutory limit is before passing a decree. The power is not restricted to the first hearing or to the stage immediately after issues are framed. However, the court should consider procedural fairness, including whether the parties need a reasonable opportunity to address a newly framed issue or produce relevant evidence.

How an application under Order XIV Rule 5 works

1. Identify the existing issue that requires correction or deletion, or the additional material issue that has been omitted.
2. Refer to the relevant pleadings and explain why the proposed issue is necessary for deciding the controversy.
3. Request the court to amend, add or strike out the issue before passing the decree.
4. The court considers the submissions and record and may make an appropriate order, including directions needed to avoid prejudice.

These steps describe common practice; Rule 5 itself does not prescribe a separate mandatory application format. The court may exercise its statutory power when the need becomes apparent from the proceedings.

Related provisions of the CPC

• Order XIV Rule 1 - identifies how issues arise and are initially framed.
• Order XIV Rule 2 - addresses judgment on issues and limited preliminary issues.
• Order XIV Rule 3 - specifies the materials from which issues may be framed.
• Order XIV Rule 4 - permits examination of persons or documents before framing issues in specified circumstances.

Official statutory source

The Code of Civil Procedure, 1908 is Central Act 5 of 1908. For the consolidated legislation and any applicable amendments, consult the Government of India's India Code official legislation portal and search for the Code of Civil Procedure, 1908, First Schedule, Order XIV, Rule 5. State amendments and special procedural regimes may also require consideration in a particular case.

This article is for general legal information. The applicable statutory text, local amendments and procedural orders should be checked for the particular proceedings.