This article is written by Mithravindha.R, BA.LL.B(Hons.),II year SOEL,TNDALU during her internship at LeDroit India.
KEY WORDS:
Issues, Framing, CPC, material proposition, order, court
ABSTRACT:
CPC is divided into two parts where part-I contains 158 sections and Part-II contains 51 orders and rules. For decision of any case,framing issues is very important. It is a material proposition with help of which one party can produce all evidences and witnesses supporting their claim whereas other party can defend it. It rests upon the court to frame correct issues, they can refer to Order XIV of CPC for framing issues. In this article we will see about types of issues under CPC, the materials referred in framing issues, power of amending issues, Court’s duty in framing issues and more about framing of issues.
ISSUES- MEANING:
For any Judgement writing competitions or moot court competitions, the main focus is given on how issues are framed and how these issues are reasoned, this is not only limited to competitions but also extends to court. A good judgement depends on how the court frame issues and reason all issues. Issues arise from material propositions which is formed by court based on actual dispute between the parties,the material evidence, witnesses and arguments, where one party affirms it and the other denies it. It is a single yet important point based on which court forms final decision.[1]
ORDER XIV OF CPC- An Overview:
It contains 7 rules which deals with issues and framing of issues
According to this rule 1, Issues are arising from material proposition, it is accepted by one party and denied by another party.It further gives a clear explanation about material proposition and talks about two kinds of issues i.e., Issues of fact and Issues of Law.
It says that at first hearing of the suit, the court should read the plaint and written statement and should record and frame issues accordingly. And Court need not frame issues if the defendant made no defence at the first hearing
Rule 2 talks about court’s duty in pronouncing judgement according on all issues. Rule 3 tells about material reference for framing issues. Examination of witness an documents before framing issues is discussed in rule 4. Rule 5 tells the power to amend or strike the issues. Rule 6 says that if there is agreement between the parties about the question of fact or law to be discussed, then same can be given in the form of issues. According to Rule 7 if Court thinks that agreement was executed in good faith then it can pronounce the judgement according to its terms.[2]
TYPES OF ISSUES:
According to Rule 1(c) of Order XIV of CPC there are two types of issues:
- Issues of fact
- Issues of Law
Issue of law includes question of law and do not need any evidences to be brought by the parties, it is the preliminary issue. However framing such issue as preliminary is at the discretion of the court and not obligatory.
Issue of fact includes question of fact and is based on evidence. And there is also another type of issue which is a mix of fact an law
Eg: what is murder? is a Issue of law and Is he a murderer? is a Issue of fact[3]
MATERIAL PROPOSITION:
Those statement which one party affirms or supports whereas the other party defend or denies. It is defined under Rule1 (b) and (c) .
WHEN ISSUES ARE FRAMED?
Issues are framed during the first hearing by the court after reading the plaint and written statement . Court should also refer to rule 2 of order X and frame on the basis of argument and witnesses by hearing the parties and pleaders. It is framed taking disputes of parties into mind and parties cannot go beyond the purview of issues.
Can a court proceed without framing issues?
Without framing issues court can look upon some subject matters if proper evidences and pleadings are produced by the parties same was held in the case Sunyabasi Pikra v. Paramanand.
COURT’S DUTY IN FRAMING THE ISSUES
The main work of framing of issues rests upon the court. It is the knowledge and interpretation skill of the judge which makes issues clear and precise. Its when the parties are dissatisfied in the framing the issues they move to different court. Court should clearly check all the witnesses and documents for framing or amending the issues. Issues set the path of a trial right , however one cannot say that framing of wrong issues can always lead to a prejudicial decree and will be set aside sometimes it wont affect the merits of the case but however forming correct issues are crucial for a right trial. If issues framed by lower court are incorrect, then one can go appeal to High court which set up issues for trial in lower court.
According to Rule 2 of Order XIV of CPC, court should pronounce judgement on all issues. If a court thinks that a case or a part may be disposed of issue of law only, then it should take into consideration first, the jurisdiction of the court or suit barred by any law in force. And even it can postpone the settlement of other issues until that issue is decided.[4]
MATERIALS REQUIRED FOR FRAMING ISSUES:
Court can frame issues based on any of the following:
- Claim made by parties, or anyone on their behalf or pleaders on the oath
- Claims made in pleadings or answers for the interrogatories(questions asked by one party to another part before the Judge).
- Anything present in documents produced to court by any of the parties
EXAMINATION OF WITNESSES FOR FRAMING ISSUES:
If Court feels that they cannot frame issues without examining any person or examining any document, it can adjourn the date for framing the issues and order or compel the person or the person with whom the document is in possession to appear before court or to produce the document through summons or any other processes. Same is stated under Rule 4 of order XIV
AMENDING OR STRIKING OUT OF ISSUES
Court can at anytime change the existing issues or add additional issues before passing the decree if it feels that those changes or addition is effective in solving the dispute between the parties. It can also strike down or remove any issues if it feels that it has been not framed properly. Same is given under Rule 5 of order XIV.[5]
CASE LAWS:
Madda Sai Lakshmi v. Medisetti Lakshmi Narasamma
Before the trial a date is fixed for suit to verify whether issues framed are correct or any alterations to be made
Maharashtra State warehousing V. Bhujang Krishnaji Kohale
As Order XIV rule 2 of CPC got amended where the word “shall” got replaced by the word “may” now it is at the discretion of the court to place an issue as a preliminary issue
Pankaj Choudhary v. Kailash Choudhary
Application filed by respondent no. 1 under order XIV rule 2 was allowed and it was directed that the issues framed by court on 13.01.2020 can be determined based on the pleadings and documents filed by the parties.
CONCLUSION :
Judgement is a final stage of a suit. Court’s good Judgement means how clear and precise the issues are framed. It makes the path of trial in right way. Hence framing of issues is very important part of a trial.
