Win Your Case: How to Frame Material Propositions Under Order 14

The Article is Written by Tanvir Uddin Molla, Shyambazar Law College University of Calcutta, BA. LLB 4^th Year Student during his Internship with LeDroit India

Abstract :

Under Order XIV of the Code of Civil Procedure (CPC) framing of issues involves identifying core disagreements material propositions in a case, where one party asserts something a “material proposition” and the other denies it forming distinct issues of fact or law that guide evidence and decision making. Material propositions of fact are factual claims crucial for the case like “Did defendant trespass”. Material propositions of law, in contrast, are legal principles or interpretations essential to the suit though often intertwined with facts. The court frames these to focus the trial on points of real dispute, distinguishing them from abstract legal arguments not directly contested.

Keywords : Materiality, Pleadings, Evidence, Discretion, Adjudication, Consequence .

Introduction :

Under Order 14 of the Code of Civil Procedure (CPC) framing of issues involves identifying key points of dispute or “material propositions” where one party asserts something (fact or law) that the other denies, creating distinct issues of fact (what happened) or issues of law (legal interpretation) that define the case’s core conflicts for evidence and decision.

These issues crystallize the true contest between the plaintiff (right to sue) and defendant (defence) from their pleadings, guiding the trial. Material Proposition a statement of fact or law crucial for proving a right to sue (plaintiff) or establishing a defence (defendant). An issue only arises when a material proposition is affirmed by one party and specifically denied by the other. To narrow down the dispute to specific points that require proof preventing irrelevant evidence and focusing the trial. In essence framing issues under Order 14 is the judicial process of pinpointing the exact factual and legal battlegrounds from the parties’ claims transforming general disputes into specific, manageable questions for the court to resolve.

Material Propositions :

In the Civil Procedure Code (CPC) a material proposition is a crucial point of fact or law that a plaintiff must state to establish their right to sue and that a defendant must state to form their defense; issues are framed by the court when one party affirms such a proposition and the other denies it narrowing the dispute for trial. These material propositions become the distinct “issues” (of fact or law) that guide evidence and the final judgment.

Material propositions are the building blocks of a case and their affirmation and denial by opposing parties trigger the court’s duty to frame issues for a fair and focused legal determination as in Order XIV, Rule 1 of the Indian Civil Procedure Code.

The essential elements of material propositions :

• Facts, Not Law: Pleadings must state facts that constitute the cause of action or defense, not the legal principles themselves.
• Material Facts Only: Only facts that are necessary to formulate the claim or defense should be included.
• Evidence Exclusion: The pleadings should contain the facts relied upon, not the evidence by which those facts are to be proved.
• Conciseness and Certainty: Facts must be stated concisely, with precision and with certainty.
• Affirmation: A material proposition is only established when one party asserts it and the other disputes it.

Material Propositions Purpose in CPC :

• To identify the real dispute between parties.
• To narrow the scope of the trial.
• Also To guide the production of evidence.
• Also To serve as the basis for the final judgment.

Material Propositions; Fact vs. Law :

• Material Proposition of Fact: These are direct allegations made by the plaintiff to show a right to sue or by the defendant to constitute a defense (e.g., whether a contract was signed, whether money was borrowed).
• Material Proposition of Law: These are contentions regarding the legal effect of facts or statutory bars (e.g., whether a suit is barred by limitation, whether the court has jurisdiction).

Difference Between Material Proposition of Fact and Material Proposition of Law :

Types of Forming of issues :

Under CPC Order XIV, issues are formed when one party affirms a material proposition of fact or law that the other denies and these are broadly classified into two main types: Issues of Fact (disputes over factual claims) and Issues of Law (disputes over legal principles) though they can also be Mixed Issues of Fact and Law, with the court framing distinct issues on these points to focus the evidence and burden of proof. 

Types of Issues :

1. Issues of Fact :

 A material proposition of fact affirmed by one party and denied by the other forms an issue of fact, which must be decided to determine the rights of the parties.

Example Issues of Fact :

Plaintiff says: “I paid the defendant ₹10,000.”

Defendant denies: “I never received the money.”

Resulting Issue of Fact: “Was the ₹10,000 paid?”.

Purpose : Issues of fact narrow down the dispute, focusing the evidence and arguments on verifiable events, thus preventing irrelevant evidence and ensuring a fair trial.

Framing Process : The court frames these issues at the first hearing after reviewing the plaint (complaint) and written statement (defendant’s response).

Distinction from Issues of Law : Issues of fact deal with the “what happened” (e.g., contract execution, delivery of goods) while issues of law deal with legal principles (e.g., validity of a contract, applicability of a statute).

2. Issues of Law :

In India’s Civil Procedure Code (CPC) Order XIV deals with settling issues, and an “issue of law” arises from a material proposition of law asserted by one party (plaintiff) and denied by the other (defendant). It’s a question about legal interpretation or applicability not facts .

Example of Issues of Law :

• Contract Law: “Is clause 5 of the agreement void for being a restraint of trade?”.
• Jurisdiction: “Does this court have the territorial jurisdiction to hear this suit?”.
• Limitation: “Is the plaintiff’s claim barred by the Limitation Act?” (i.e., was the suit filed too late).
• Maintainability: “Is the suit maintainable in its current form, or is it barred by the principle of res judicata (already decided)”.
• Legal Right: “Does the defendant have a legal right to the property based on the registered sale deed?” (if the facts of the deed are admitted but its legal implication is disputed).

Purpose : To pinpoint the exact legal disagreement between parties, guiding the evidence needed and the final decision.

Framing of Issues : Order XIV of the CPC governs framing of issues where an issue arises from a material proposition of fact or law affirmed by one party and denied by the other defining points for trial.

Distinction from Issues of Fact : While issues of fact deal with what happened (e.g., Did the defendant sign the document?) issues of law deal with the legal meaning or consequence of those facts (e.g. Does the signed document legally bind the defendant?).

3. Mixed Issues of Fact and Law :

Under CPC Order 14 Rule 2 courts must generally decide all issues (fact, law, and mixed) together, but can try pure issues of law (jurisdiction, bar to suit) first as preliminary issues if they can dispose of the whole case. Courts lack jurisdiction to try mixed issues of law and fact as preliminary issues because facts must first be determined, though exceptions exist if facts are clear from the plaint or admitted. Mixed issues, which combine legal rules with factual determination, usually require a full trial.

Court’s Role Order 14 CPC :

Under Order XIV of the CPC the court’s role is to ascertain and frame issues (points of dispute) from the pleadings (plaint & written statement) at the first hearing focusing the trial on material propositions of law or fact denied by the opposing party. The court must identify these core questions, potentially examine witnesses or documents to clarify them, ensure issues are correctly framed and has the power to amend or strike out issues to ensure a just determination ultimately leading to judgment on all framed issues.

Function under Order 14 ( XIV ) :

1. Ascertain and Frame Issues (Rule 1) : 

 After pleadings and initial examination (Order X) the court identifies material propositions allegations essential to the case affirmed by one party and denied by the other. It then frames specific, clear issues for trial, defining the exact points of disagreement.

2. Materials for Framing (Rule 3) :

Courts use the plaint, written statements, and any examination under Order X to frame issues.

3. Power to Examine and Adjourn (Rule 4) :

If unsure about issues the court can adjourn framing to examine witnesses or inspect documents, compelling production if needed.

4. Strike Out Issues (Rule 5) : 

Before decree the court can amend, add or strike out issues to ensure all matters in controversy are covered and issues are correctly framed.

5. Judgment on Issues (Rule 2 and 7) : 

Generally the court pronounces judgment on all issues. However it can decide suits based only on an issue of law (like jurisdiction) if satisfied the other issues aren’t necessary for a decision potentially as a preliminary issue.

Difference Between Framing Issues of Fact vs Issues of Law :

Cases Example :

1. Major S.S. Khanna v. Brig. F.J. Dillon AIR 1964 SC 497 :

The Supreme Court upheld the High Court’s decision to set aside the Subordinate Judge’s order which deemed Dillon’s suits against Khanna for recovering Rs 54,250 as not maintainable. The High Court exercised its revisional jurisdiction under Section 115 CPC determining that the Subordinate Court had acted illegally and with material irregularity by prematurely dismissing the suits without a proper investigation of disputed facts. Consequently, the High Court affirmed its authority to correct jurisdictional errors in subordinate courts, thereby ensuring the appropriate application of legal principles in partnership dissolution and financial obligations.

2. R. Nagaraj (DEAD) Through LRs. V. Rajmani 2025 :

R. Nagaraj (Dead) Through LRs. v. Rajmani (2025) is a significant Indian Supreme Court ruling from April 9, 2025 that affirmed courts can dismiss a suit as time-barred even if the defendant doesn’t raise a limitation plea, emphasizing judiciary’s role in ending stale claims, setting aside a High Court remand and upholding lower courts’ findings in a long-running ancestral property dispute involving auction sales highlighting the finality of judgments and protection for bona fide purchasers. 

The Court stressed that the judiciary has a duty to reject stale and frivolous claims even if the defendant doesn’t explicitly plead limitation under the Limitation Act, 1963. The Supreme Court found the Madras High Court wrongly remanded the case for a fresh trial, stating the High Court in a second appeal, should have decided the substantial question of law (limitation) rather than sending it back. The ruling reinforces the need for finality in execution proceedings and protects bona fide purchasers in property disputes especially after court-ordered sales.

3. Fiza Developers and Inter-Trade (P) Ltd. V. Amci (I) (P) Ltd :

The object of issues is to focus upon the questions on which evidence has to be led and to indicate the party on whom the burden of proof lies. Rules 1 of Order 14 of the Code dealing with framing of issues is extracted below:

Framing of issues – Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other, 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, Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue, Issues are of two kinds – (a) issues of fact, and (b) issues of law,

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.

Conclusion :

Conclusion under Order 14 of the Civil Procedure Code (CPC) issues are framed on material propositions of fact or law affirmed by one party and denied by the other, forming the core dispute, distinguishing them from mere legal conclusions or non-contested points ensuring clarity for evidence and judgment. Material propositions are essential allegations (e.g., “Plaintiff owns the property” or “Defendant breached the contract”) that define the right to sue or the defense, leading to distinct Issues of Fact (what happened) and Issues of Law (what legal principle applies).