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Discussion

Power to amend the issue or frame additional issues prior to passing of a decree vests in a Court by virtue of which provision of the Code of Civil Procedure, 1908?

  • A.Order XIV Rule 1
  • B.Order XIV Rule 5
  • C.Order XIV Rule 6
  • D.Section 151

Answer: B

The power vests by virtue of Order XIV Rule 5.

Order XIV Rule 5(1) of the Code of Civil Procedure, 1908 provides that 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 shall make all such amendments or additional issues as are necessary for determining the matters in controversy.

Order XIV Rule 1 deals with framing issues in the first place, Rule 6 with issues framed on agreement of the parties, and Section 151 preserves the court's inherent powers, which are not needed where an express provision exists.

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