CIVIL PROCEDURE CODE - II

FRAMING OF ISSUES

SUBMITTED TO: SUBMITTED BY:

Dr. Ekramuddin Malik Ahmad Ammar
Regular Batch
Roll No. 3
 ACKNOWLEDGEMENT

I feel myself highly delighted, as it gives me incredible pleasure to present an assignment

work on “FRAMING OF ISSUES UNDER THE CIVIL PROCEDURE CODE, 1908”.

I would like to enlighten my readers regarding this topic and I hope I have tried my best to
pave the way for bringing more luminosity to this topic.

I am grateful to Dr. Ekramuddin Malik who has helped me to venture this project as well as
the library of Faculty of Law, Jamia Millia Islamia.

I would like to thank all concerned for their interest in providing the relevant material.
 TABLE OF CONTENTS

INTRODUCTION...............................................................................................................................1
ORDER XIV: SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES
OF LAW OR ON ISSUES AGREED UPON.....................................................................................1
What is an issue?.................................................................................................................................4
What is a material proposition giving rise to an issue?....................................................................5
When does a '' Distinct Issue'' form?.................................................................................................5
Kinds of Issues:....................................................................................................................................6
The process of framing of issues.........................................................................................................7
Can a Court go into question and decide any aspect without framing issues.................................8
Object of Framing Issues:...................................................................................................................9
Why framing of issues is an integral part of a suit?......................................................................9
Matters to be considered before framing issues..............................................................................10
Materials on which issue may be framed.........................................................................................11
Court’s Power & Duty as to Issues...................................................................................................12
CONCLUSION..................................................................................................................................15
REFERENCES..................................................................................................................................17
INTRODUCTION
Framing of issues is probably the most important part of the trial. If a judge correct and
accurate issues, it is it possible to come to the correct decision in the shortest possible time.
Inaccurate issues may kill the valuable time.

In the case of Siddhi Chunilal v. Suresh Gopkishan 1, it was observed that if correct and
accurate issues were not framed, it leads to gross injustice, delay and waste of the Court’s
time in deciding the matter. The duty in regard to framing of the issue is 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 reference to the issues framed.

Rule 5 of Order XIV, C.P.C. empowers the Court to amend issues or frame additional issues
at any stage of proceedings and it does not contemplate that the power must be exercised
when application is made on the other hand it saddles on the Court a duty to exercise power
suo motu “for determining the matters in controversy between the parties” if that was
necessary to do so. When the question of exercise of jurisdiction is in issue that is to be
considered in appeal as to whether there was abdication of jurisdiction or it was exercised
illegally or with material irregularity
1. Issues are the crux0 of a civil case;
2. In C V Joshi v. Elphinstone Spinning Mills,2 the Hon’ble Bombay High Court laid down
that even in execution proceedings issues come into play by way of prudence, though it is not
technically necessary to frame them.

ORDER XIV: SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON

ISSUES OF LAW OR ON ISSUES AGREED UPON

Rule 1. Framing of issues

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

    (2) Material propositions are those propositions of law or fact which a plaintiff must
allege in order to show a right to sue or a defendant must allege in order to constitute his
defence.

1
2009(6) BCR 857
2
2001(supp 2) Bom CR 57

1
    (3) Each material proposition affirmed by one-party and denied by the other shall form
the subject of distinct issue.

    (4) Issues are of two kinds:

        (a) issues of fact,

        (b) issues of law.

    (5) At the first hearing of the suit the Court shall, after reading the plaint and the written
statements, if any, and  [after examination under rule 2 of Order X and after hearing the
parties or their pleaders], ascertain upon what material propositions of fact or of law the
parties are at variance, and shall thereupon proceed to frame and record the issues on which
the right decision of the case appears to depend.

    (6) Nothing in this rule requires the Court to frame and record issues where the
defendant at the first hearing of the suit makes no defence.

Rule 2. Court to pronounce judgment on all issues

    (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court
shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.

    (2) Where issues both of law and of fact arise in the same suit, and the Court is of
opinion that the case or any part thereof may be disposed of on an issue of law only, it may
try that issue first if that issue relates to-

        (a) the jurisdiction of the Court, or

        (b) a bar to the suit created by any law for the time being in force,

and for that purpose, may, if it thinks fit, postpone the settlement of the other issues until
after that issue has been determined, and may deal with the suit in accordance with the
decision on that issue.

Rule 3. Materials from which issues may be framed

The Court may frame the issues from all or any of the following materials :-

2
    (a) allegations made on oath by the parties, or by any persons present on their behalf, or
made by the pleaders of such parties;

    (b) allegations made in the pleadings or in answers to interrogatories delivered in the
suit;

    (c) the contents of documents produced by either party.

Rule 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.

Rule 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 matters 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.

Rule 6. Questions of fact or law may by agreement be stated in form of issues

Where the parties to a suit are agreed as to the question of fact or of law to be decided
between them, they may state the same in the form of an issue, and enter into an agreement
in writing that, upon the finding of the Court in the affirmative or the negative of such
issue,-

    (a) a sum of money specified in the agreement or to be ascertained by the Court, or in
such manner as the Court may direct, shall be paid by one of the parties to the other of

3
 them, or that are of them be declared entitled to some right or subject some liability
specified in the agreement:

    (b) some property specified in the agreement and in dispute in the suit shall be delivered
by one of the parties to the other of them, or as that other may direct; or

    (c) one or more of the parties shall do or abstain from doing some particular act specified
in the agreement and relating to the matter in dispute.

Rule 7. Court, if satisfied that agreement was executed in good faith, may pronounce
judgement

Where the Court is satisfied, after making such inquiry as it deems proper,-

    (a) that the agreement was duly executed by the parties;

    (b) that they have a substantial interest in the decision of such question as aforesaid, and

    (c) that the same is fit to be tried and decided,

it shall proceed to record and try the issue and state its finding or decision thereon in the
same manner as if the issue had been framed by the Court.

and shall, upon the finding or decision on such issue, pronounce judgment according to the
terms of the agreement; and, upon the judgment so pronounced a decree shall follow.

WHAT IS AN ISSUE?3
The title of Order XIV of the Code of Civil Procedure, 1908 (“CPC”) is “Settlement of
Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon”. Clearly, a suit
is determined on the basis of issues of law or other issues agreed upon by the parties in a suit.
But what is an “issue”? Although the CPC does not define the term, Sub-rule 1 of Rule 1 of
Order XIV says that issues arise when a material proposition of fact or law is affirmed by one
party and denied by the other. In other words, both parties must disagree on a material
proposition of fact or law.

The Evidence Act, 1872 also defines “Facts in issue” to mean and include any fact which,
either by itself or in connection with other facts, has a bearing on a right or liability asserted
3
http://blog.mylaw.net/whats-the-issue-understand-why-and-how-courts-frame-issues-in-civil-suits/

4
or denied in a suit. According to the explanation to this definition, when a court records an
issue of fact under the CPC, the fact to be asserted or denied in response to such an issue
would also be treated as a fact in issue.

WHAT IS A MATERIAL PROPOSITION GIVING RISE TO AN ISSUE?

Basically, Material propositions can be understood in sense of two aspects. Those are
Proposition of fact and Proposition of law. Sub-rule 2 of Rule 1 of Order XIV states that
material propositions are those propositions of law or facts which a plaintiff must allege in
order to show a right to sue or a defendant must allege in order to constitute a defence.
Simply put, a material proposition is one that advances a party’s case factually or legally.4

In Sri Nanjudchari v. The Chairman,5 it was held that '' It is mandatory on the part of the
trial court to frame all necessary issues arising from pleadings i.e., material preposition of
fact and law of affirmed by the one party and denied by the another.”

Sub-rule 3 mandates that each material proposition on which the parties disagree shall be
framed as a distinct issue. Could it be said therefore, that propositions of fact or law which do
not further a party’s case are not material and therefore ought not to be framed as issues?
What consequences follow when a proposition of fact or law, although material, is not framed
as an issue despite the parties being at variance with each other?

On this, the Supreme Court6 has held that the non-framing of an issue does not vitiate the
proceedings as long as the pleadings of parties bear out that the issue exists and both parties
have led evidence at trial to prove their respective contentions on the issue.

In other words, a court can rule on an issue even if it has not been specifically framed, so
long as it is material to the determination of the suit.7

WHEN DOES A '' DISTINCT ISSUE'' FORM?

To form a distinct issue, a material proposition must be affirmed by one party and denied by
other8. Unless each material proposition is affirmed by the plaintiff and denied by the
defendant, a distinct issue will not form.
At this juncture, it is not out of scope to see Rule 1 (3) of Order XIV of C.P.C, which reads as

4
Order XIV, Rule 1(2) of CPC, 1908
5
AIR 1993 All 2
6
Makhan Lal Bangal vs Manas Bhunia And Ors, 2001 AIR SC 490
7
Moniruzzaman A.A.M, The Code of Civil Procedure, 1908, pp-389 (11Moo Ind. App.7)
8
Order XIV, Rule 1(4) of CPC, 1908.

5
infra:
'' Each material proposition affirmed by one party and denied by the other shall form the
subject of a distinct issue.''

KINDS OF ISSUES:
If defendant makes no defence, framing and recording issue by the Court does not arise. That
too, in such a case, a Court need not frame and record an issue inasmuch as the defendant
makes no defence at the first hearing of the suit. In Desi Kedri v. Huzurabad Co-Operative
Marketing Society Ltd.9, it was held that ''Issues need not be framed when there is no dispute
with regard to material averments in the plaint.'' 

According to Rule 1(4) of Order XIV of C.P.C, issues are of two kinds.
a) issues of fact,
b) issues of law.

How may an Issue of Fact arise?

'' Fact'' which is defined under section 3 of Indian Evidence Act,1872:-

Fact means and includes-- (1) any thing, state of things, or relation of things, capable of being
perceived by the senses; (2) any mental condition of which any person is conscious.

Explanation.- Whenever, under the provisions of the law for the time being in force relating
to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the
answer to such issue is a fact in issue.
Illustration:

A is accused of the murder of B. At his trial the following facts may be in issue:-- that A
caused B' s death; that A intended to cause B' s death; that A had received grave and sudden
provocation from B; that A, at the time of doing the act which caused B' s death, was, by
reason of unsoundness of mind, incapable of knowing its nature.

Issues however can be (c) mixed issues of fact and law also.

But Rule 2 of Order XIV provides that where issues of both law and facts arise in the same
suit, unless the case is disposed of on a primary/preliminary issue, the Court should
pronounce judgment on all issues. But if the Court is of the opinion that the case or any part
may be disposed of on an issue of law only; it may try the issue first, if that issue relates to (i)

9
AIR 1994 AP 301; 1994 (2) ALT 539

6
jurisdiction of thecourt; or (ii) a bar to the suit created by any law for the time being in
force.10 For that purpose, the court may, if it thinks fit, post pone the settlement of other
issues until the issues of law have been decided.

THE PROCESS OF FRAMING OF ISSUES11

How does a court go about framing an issue? Sub-rule 5 of Rule 1 of Order XIV lays down
the procedure for this. At the first hearing of a suit, the court shall, after reading the plaint and
the written statement, and after examination under Order X Rule 2, and after hearing the
parties or their counsel, ascertain upon what material propositions of fact or law the parties
are at variance, and shall then proceed to frame and record the issues on which the right
decision of the case appears to depend.

Basically, at the first hearing of the suit the Court shall ascertain upon what material
propositions of fact or law the parties are at variance. Yet, here, three essential points are to
be remembered. Before framing and recording issues, firstly, the Court shall read the plaint
and written statement. Secondly, examination under rule 2 of Order X is mandatory, thirdly,
the Court shall hear the parties or their pleaders.

At the outset, it is apt to see words in rule 1 (5) of Order XIV of C.P.C '' after reading the
plaint and the written statement and after examination under rule 2 of Order X and after
hearing the parties or their pleaders''. Thus, the fundamental functions of the Court, as to
before framing and recording issues , are:
1. reading the plaint and written statement;
2. examination under rule 2 of Order X of C.P.C; and
3. hearing the parties or their pleaders;

After these three essential functions, the Court, at the first hearing, shall ascertain upon what
material propositions of fact or law the parties are at variance, and shall thereupon proceed to
frame and record the issues on which the right decision of the case appears to depend.

In Maddaa Sai Lakshmi v. Medisetti Lakshmi Narasamma,12 in this case, it was held that
''Before commencement of trial, suit be posted to a specific date for hearing both sides on the

10
Order XIV, Rule 2(2) of CPC, 1908
11
Order XIV, Rule 1(5) of CPC, 1908.
12
2006 (4) ALD 46, 2006 (3) ALT 708

7
issues already framed to see if they have been property framed or if any reframing of issues is
needed on the core issues in dispute. Trial be commenced only after such exercise.'' 

The question of materiality in Sub-rule 5 of Rule 1 has no bearing on the tenability of the
contentions of parties on factual or legal propositions. It simply refers to testing an issue for
its relevance to the determination of the case.

For instance, in a suit for patent infringement, if there is no dispute between the parties about
the plaintiff’s ownership of the patent, there is no point in framing an issue on it. Even though
the question of ownership is material, the parties do not disagree on it. Contrasting it with a
situation where the plaintiff claims to be an assignee of the erstwhile patent owner and the
defendant disputes the fact of assignment. The question of ownership or assignment of the
patent is material because under the Patents Act, only a patentee or the exclusive licensee
may institute a suit for infringement. In other words, the maintainability of the plaintiff’s
action is in question. Moreover, since the parties disagree on this material question, the court
has to frame an issue on it.

The framing of an issue does not amount to a court taking a position on the contentions of the
parties on a material question of fact or law. The court is merely etching the contours of the
trial so that the progress of the trial is not waylaid by a slugfest on immaterial issues that have
no bearing on the adjudication of the rights and liabilities of the parties. Reading the Supreme
13
Court’s decision in Makhanlal Bangal v. Manas Bhunia delivered in the context of
the Representation of the People Act, 1951, but relevant since the procedure under the CPC
applies to the statute, will help clear the fog around the framing of issues.

CAN A COURT GO INTO QUESTION AND DECIDE ANY ASPECT WITHOUT

FRAMING ISSUES?
Despite issue is not framed, court has power to go into that question and decide that aspect of
the subject matter in case of sufficient evidence is adduced by both parties on pleadings. At
this juncture, it is appropriate to refer ruling in Mohd.Kareemuddn Khan v. Syed Azam14,
where it was observed that Defendant pleading perfection of title by adverse possession.
Issues not framed. However, evidence adduced by both sides on the disputed matter. Court is
not barred to go into that question and decide that aspect of the matter. In another case,
Sunyabasi Pikra v. Paramanand Ranasingh,15 it was held that '' Both parties have laid
13
Supra note 6
14
1997 (2) ALT 625
15
AIR 2007 MP 242

8
evidence, both documentary and oral touching that issue. Non-framing that particular issue is
immaterial. ''

It is thus clear that if there are pleadings and sufficient evidence is available on record, the
Court can go into that question, even if issue is not framed on that question, and decide that
aspect of the matter. However, in some of the cases, the matters will be remanded to the trial
courts for failure to frame issues. In Syed Mahmood v. Dr.Manik Chandra16, it was observed
that issues were framed and therefore, the matter remitted back to trial court no frame issues
as indicated and give reasonable opportunity to the parties to lead evidence etc.

OBJECT OF FRAMING ISSUES:

In 2001, the Hon’ble Supreme Court of India held: “the stage of framing issues is an
important one in as much as on that day the scope of the trial is determined by laying the path
on which a trial should proceed excluding diversions and departures therefrom. That the
dispute between the parties is determined and held by the Court the reflecting the pleadings
of the parties pinpointed the issues the disputes on which the two sides differ. The correct
decision of civil lis largely depends on the correct framing of issues correctly determining the
real point in controversy which need to be decided.”17

WHY FRAMING OF ISSUES IS AN INTEGRAL PART OF A SUIT?

Issues are the backbone of a suit. The framing of issues, therefore has very important bearing
on the trial and decision of a case. The main reasons are:

(i)it is the issues framed and not the pleadings that guide the parties in the matter of leading
evidence;18

(ii)the Court cannot refuse to decide the point on which an issue has been framed and
evidence led by the parties, even if the point involved is not mentioned in the pleadings;

(iii)the court should not frame an issue which does not arise in the pleadings;19

(iv)issue must be confined to the material questions of fact or law (facta probanda) and not in
subordinate facts or evidence by which material questions of fact or law are either proved is
disproved (facta probantia);

16
1998(3) An.W.R.340
17
Makhan Lal Bangal v. Manas Bhunia & Ors. 2001 AIR (SC) 490
18
Sita Ram v, Radha Bai AIR 1968 SC 534
19
Goppulal v. Dwarkadeshjii, AIR 1969 SC 1291

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(v)one issue should cover only one fact or law in dispute between the parties20, and

(vi)if the case does go on appeal, it must be dealt with by the appellate court on the issues
settled for the trial;21

Final hearing held in any case without settlement of valid issues will be regarded as unlawful
and judgment provided in such cases may be overturned or cancelled.22

MATTERS TO BE CONSIDERED BEFORE FRAMING ISSUES

i. Reading of the plaint and written statement

The court shall read the plaint and written statement before framing an issue to see what the
parties allege in it.

ii. Ascertainment whether allegations in Pleadings are admitted or denied

Order X Rule 1 permits the court to examine the parties for the purpose of clarifying the
pleadings, and the court can record admissions and denials of parties in respect of an
allegation of fact as are made in the plaint and written statement.

iii. Admission by any Party

If any party admitted any fact or document, then no issues are to be framed with regard to
those matters and the court will pronounce judgment respecting matters which are admitted.

iv. Examination of material proposition

The court may ascertain, upon what material proposition of law or fact the parties are at
variance.

v. Examination of witnesses

The court may examine the witnesses for purpose of framing of issues.

vi. Consider the evidence

The court may also in the framing of issues take into consideration the evidence led in the
suit. Where a material point is not raised in the pleadings, comes to the notice of the court
during course of evidence the court can frame an issue regarding it and try it.

vii. Examination of any witnesses or documents under Order XIV Rule 4

20
Snow White Food Products v. Sohahlal, AIR 1964 Cal 209
21
Abdul Sami v. Mohd. Noor, AIR 1966 All 39
22
Moniruzzaman A.A. M, The Codes of Civil Procedure 1908 pp-385 (1I 128 PC)

10
Under this rule any person may be examined and any document summoned, for purposes of
correctly framing issues by court, not produced before the court.

MATERIALS ON WHICH ISSUE MAY BE FRAMED23

The court may frame the issue from all or any of the following materials.

i. Allegations made on oath

Issues can be frame don the allegations made on oath by the parties or by any persons present
on their behalf or made by the pleader of such parties.

ii. Allegations made in Pleadings

Issue can be framed on the basis of allegations made in the pleadings.

iii. Allegations made in interrogatories

Where the plaint or written statement does not sufficiently explain the nature of the party’s
case, interrogatories may be administered to the party, and allegations made in answer to
interrogatories, delivered in the suit, may be the basis of framing of issues.

iv. Contents of documents

The court may frame the issue on the contents of documents produced by either party.

v. Oral examination of Parties

Issues can be framed on the oral examination of the parties.

vi. Oral objection

Issues may be framed on the basis of oral objection.

The Court has, therefore, the power to frame issues from all or any of the following

materials/ways:

(i) (a) allegations made on oath by the parties,

(b) allegations made by any person on their behalf, or

(c) statements made by pleaders appearing for the parties;

23
Order XIV, Rule 3 of CPC, 1908

11
(ii) Allegations made in the pleadings or in answer to interrogations; and

(iii) Documents produced by the parties.

This means that apart from those mentioned in the plaint or written statements alone, issues
can also be formed by the Court during first hearing through interrogations (of  both sides) or
even through presentation of documents by the parties to the suit.

COURT’S POWER & DUTY AS TO ISSUES

(i) Primary duty to frame proper issues arising out of pleadings of parties rests on
court24

The duty to frame proper issues rests primarily on the Court. The judge must apply his mind
and understand the facts of the case before framing issues. But the pleaders appearing for
both the parties should also assist the court in framing issues. If proper issues are not framed,
the parties may move the court to get the proper issues framed.

Issues must be specific and clear and not vague and or evasive. The Court may examine
witness or inspect documents before framing issues, to amend the issues, to frame additional
issues or to strike out issues that may appear to it (the Court) to be wrongly framed. When the
parties to the suit agree as to the question of fact or law to be decided between them, they
may, by agreement state the same in form of an issue. If the court is satisfied that the
agreement is executed in good faith, it may pronounce the judgment on such issue according
to the terms of the agreement.

(ii) Omission or inclusion of faulty issues

Even though it is the duty of the court to frame proper issues, mere omission to frame an
issue is not necessarily fatal to the suit. Omission to frame an issue is an irregularity which
may or may not be a material one. If such omission affects the disposal of the suit on merits,
the suit must be remanded to the trial court for a fresh trial. On the other hand, if the parties
went to the trial with full knowledge that a particular point was at issue, they have not been
prejudiced and substantial justice has been done, absence of an issue is not fatal to the case so
as to vitiate the proceedings.25

24
(NLR 1885 UC 569)
25
Kewal Krishna v. Dina Nath, (1992), AIR 1993 SC 88
26
Dharam v. Narayan, (1993 AIR (Gau) 35

12
Where the Court has framed the issues wrongly it is for the party adversely affected to apply
to the court to set them right. The same fact is true if an important issue is overlooked by the
Court and the defendant/plaintiff requests the court for frame the correct issue.26

The framing of issues has been enjoined on the Courts in order to appraise the Court on what
material proposition of fact of law it is to try that and to indicate to the parties as to what is
the material proposition and on whom lies the onus and what sort of evidence is to be
adduced to prove the issue and when the onus shifts and what sort of evidence for rebuttal is
required.

So, it is imperative that the Court listens carefully and judges impartially after receipt of
Plaint and Written Statement and carefully frames the issues through interrogation and
inspection of documents27 (valid to the case) if it is the correct issue or issues which drive the
case and helps the Court come to a common ground on which it can go for a judgment and
subsequent settlement.

(iii) Power to amend and strike out, issues28

Following points are to be considered:

a) Amendment of Issues
At any time before passing of decree, court can amend framed issues on those terms,
which it thinks fit. However, such amendment of framed issues should be necessary
for determination of matters n controversy between parties.
b) Striking out of Issues
At any time before passing of decree, court can strike out framed issues especially
when it appears to court that such issues have been wrongly framed or introduced.
c) Discretionary Power
Regarding amendment of framed issues, court possesses discretionary power. Court
can exercise this power when no injustice results from amendment of frame issue on
that point, which is not present in pleading. However, it cannot be exercised when it
alters nature of suit, permits making of new case or alters stand of parties through
rising of inconsistent pleas.
d) Mandatory Power

2627
Order XIV, Rule 4 of CPC, 1908.
2728
Order XIV, Rule 5 of CPC, 1908.
28

13
 Regarding amendment of framed issues, court also has mandatory power. In fact,
court is bound to amend framed issues especially when such amendment is necessary
for determination of matters in controversy, when framed issues of do not bring out
point in controversy or when framed issues do not cover entire controversy.
e) At any stage
Court can amend or strike out framed issues at any time before final disposal of suit.

(iv) Power to dispose of the suit

Court has the power to dispose of a suit at the day of the first hearing due to the following
reasons:

(a) Where the parties are not at issue on any question of law or fact
Explanation: Where at the first hearing of a suit, it appears that the parties are not at
issue on any question of law or of fact, the Court may at once pronounce judgment. It
may also be the case that the defendant does not deny the allegations made by the
plaint, the court may at once pass judgment. There is no need to frame issues.29
Again, the Court may dispose of a suit if there is admission by defendant and the
plaintiff seeks judgment on that admission.
(b) Where there are two or more defendants and any one of them is not at issue with
the plaintiff on any question of fact or law
Explanation: Where there is more defendants than one, and any of the defendants is
not at issue with the plaintiff on any question of law or of fact, the court may at once
pronounce judgment for or against such defendant and the suit shall proceed only
against the other defendants.
(c) Parties at Issue
Explanation: Where the parties are at issue on some question of law or fact, and the
issue have been framed by the Court (as directed by the law), and if the Court is
satisfied that no further argument or evidence is than the parties can at once adduce is
required, and they are sufficient for the decision of the suit and no injustice will result
from proceeding with the suit, the court may pronounce judgment accordingly
(provided that where the summons has been issued for settlement of issues only, and
the parties and their pleaders are present and none of them objects).
29
AIR 1994 (AP) 301

14
 This rule gives power to the Courts to proceed to determine issues of law subsequent
to the issue stage.
The Court has inherent powers to fix any one of the issues involving questions of law
and fact for hearing and decide it as a preliminary issue.30
(d) Failure to produce evidence
Explanation: Where the summons have been issued for final disposal of the suit and
either party fails without sufficient cause to produce the evidence on which he relies.
(e) Admissions made by pleader
Explanation31: If in the time of hearing, the pleader makes certain admissions of facts
which are sufficient to dispose of the case, the Court may pronounce judgment.

So, the Court has the above mentioned authorities to dispose of a suit during first hearing if
the parties to the suit do not have any issues or subject of conflict between them, or they fail
to produce evidence supporting their claims and if the Court feels that it has found the proper
issue to try the case and the matter can be disposed of in the first instance in presence of all
parties and representatitives.

CONCLUSION
To conclude, it can be stated that issues are of great importance not only for parties, but also
for court. Parties are required to prove/disprove framed issues and not their pleading. On the
other hand, court is bound to give decision on each framed issue. Therefore, court is not to
decide those matters on which no issues have been framed. The principles that can be
deduced from the above discussion on issues:

(i) Issues may be based under Order XIV Rule 1 and 2 of the Code of Civil Procedure,
but there is nothing to suggest that the above Order is exhaustive and that issues
cannot be framed if there are no pleadings in the case.
(ii) There are a fixed set of issues for every type/genre of cases and they form the
frame under which the Court should work to frame issues. Any pleading or material
outside these broad basic issues is irrelevant to the matter and ought to be discarded.
(iii) On looking to the mandatory issues like limitation and jurisdiction if they are
based only on pure law, and not on facts and not being mixed questions of law and
30
1957 Jab. L.J. 243
31
Kundibai v. Vishinji, AIR 1947 Sind 105: from Civil Procedure, Takwar C.K , pp-201

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 facts, the Court may proceed to decide the same under the law after giving a hearing
to both the parties.
(iv) If however, they are mixed questions of law and fact or questions of fact framing
an issue on the same will depend on the law of pleadings
(v) The Court must decide as to what is pleaded and what is not on adverting to the
law of pleadings in the Code of Civil Procedure.
(vi) The Court must frame issues within the broad framework given above, on seeing
the factual position that is pleaded by the parties.

REFERENCES

Books referred:

1. Moniruzzaman, A.A.M, The Code of Civil Procedure, Shams Publications

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2. Takwani, C.K.,Civil Procedure,5th Ed. Eastern Book Company

Other Sources:
1. http://blog.mylaw.net/whats-the-issue-understand-why-and-how-
courts-frame-issues-in-civil-suits/
2. www.legalservicesindia.com/article/1180/Framing-of-Issues.html
3. https://www.nls.ac.in/lib/bareacts/civil/cpc/cpco14.html
4. https://www.scribd.com/doc/13143638/Settlement-of-Issues-and-Disposal-
of-Suit
5. https;//thelawstudy.blogspot.com/2016/11/framing-of-issues-and-its-
kinds.html
6. https://articlesonlaw.wordpress.com/2015/10/26/issues-in-civil-cases/
7. www.nja.nic.in/16%20CPC.pdf
8. https://lawtimesjournal.in › Articles
9. https://indiankanoon.org/doc/8266/

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