Framing of issues || Or. 14 || CPC||

Framing of issues || Or. 14 || CPC||

   

Introduction:-

                                        Framing of issues is probably the most important part of the trail of a civil suit. For a correct and accurate decision in the shortest possible time in a case, it is necessary to frame the correct and accurate issues. Inaccurate and incorrect issues may kill the valuable time of the court.

    Siddhi Chunilal vs. Suresh Gopkishan (2009(6) BCR 857)

                                                                                         In this case, it was observed that if correct and accurate issues were not framed, it leads to gross injustice, delay and waste of the court’s valuable time in deciding the matter.

      If defendant makes no defense, framing and recording issue by the Court does not arise, in such a case, a Court need not frame and record issue in as much as the defendant makes no defense at the first hearing of the suit.

What are the issues or definition of issues:-

                                                                             Issues mean a single material point of fact or law in litigation that is affirmed by one party and denied by the other party to the suit and that subject of the final determination of the proceedings.                                     

When issues arises?-

                                      Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other party to the suit.

What are the material propositions:-

                                                               According to Rule 1(2) material propositions are those propositions of fact or law which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defense.

Why issues are framed? (Object of framing of issues):-

                                                                                      The main object of framing issues is to ascertain the real dispute between the parties by narrowing down the area of conflict and determine where the parties differ.                     

Duty of the court:-

                                        The duty in relation to framing of the issue is that of the court which it has to discharge because it has to try the suit and it has to give notice to parties to lead evidence with the context of the issues framed.

Kinds of issues:-

                                       As per the Order 14 Rule 1(4) of the C.P.C. issues are of two kinds.

A.   Issues of fact

B.    Issues of Law.

When issues are framed?:-

                                                According to rule 1, issues are framed and recorded by the court at the first hearing after reading the plaint, written statement, examining and hearing of parties and their pleaders.

Postponement of framing of issues?:-

                                                                    Where the Court finds 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 (maximum of 7 days).

How issues are framed? Or What materials are required for framing of issues?:-

                                                                                                                   The issues may be framed by the Court from all or any of the following materials---

1.     Allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;

2.     Allegations made in the pleadings or in answers to interrogatories delivered in the suit;

3.     The contents of the documents produced by either party.

Amendment of issues framed:-

                                                          Order 14 Rule 5, C.P.C. empowers the court to amend issues framed or frame additional issues at any stage of proceedings and it does not consider that the power must be exercised when an application is made on the other hand it saddles on the Court a duty to exercise power suo moto “for determining the matters in controversy between the parties” if that was necessary to do so.

Conclusion:-

                                      At last, with the concluding this article it can be said that the issues are very important not only for the parties but also for the Court. Parties are required to prove or disprove the issues framed by the court, not the pleading. On the other side, court is also bound to give decision on each framed issue. Therefore, the Court is not to decide those matters on which no issues have been framed.