Discuss the procedure for the settlement of issues as prescribed under Order XVI of the Code of Civil Procedure, 1908....

Question: Discuss the procedure for the settlement of issues as prescribed under Order XVI of the Code of Civil Procedure, 1908 Under what circumstances, the court may initiate an examination of witnesses to settle the issue? [HPJS 2023]

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Answer

The procedure for the settlement of issues is governed primarily by Order XIV of the Code of Civil Procedure, 1908 (CPC), not Order XVI. However, the examination of witnesses, which may aid in the settlement of issues, is governed under Order XVI of the CPC. Let us explore the two concepts in detail:

The settlement of issues is a crucial step in a civil trial where the court determines the points of controversy between the parties. The issues are framed based on the pleadings (plaint and written statement) and other documents submitted by the parties.

Issues are divided into two categories:

Issues of Fact – These involve disputed questions of fact between the parties (e.g., whether the defendant received a payment).

Issues of Law – These involve questions related to the interpretation or application of the law (e.g., whether the suit is barred by limitation).

The procedure for the settlement of issues is outlined under Order XIV Rules 1 to 6:

(i) Scrutiny of Pleadings: The court examines the plaint and written statement to identify material propositions of fact or law that are affirmed by one party and denied by the other.

(ii) Framing of Issues: Issues are framed on the basis of:

• Allegations in the pleadings.
• Contentions raised by the parties.
• Admissions made by the parties.
• Documents produced by the parties.
• Answers to interrogatories or facts admitted.

(iii) Issues Arising from Allegations and Denials: If a material proposition of fact or law is affirmed by one party and denied by the other, it becomes an issue.

(iv) Framing Additional or Amended Issues: If the court considers that the issues framed do not fully cover the points of controversy, it can amend or frame additional issues.

(v) Decision on Preliminary Issues: The court may try issues related to jurisdiction or bar to the suit (e.g., limitation) as preliminary issues before proceeding with other issues.

Once the issues are framed, the next step is to lead evidence and examine witnesses to prove or disprove the issues. The court may summon witnesses under Order XVI to aid in resolving the issues.

Power of the Court to Summon Witnesses (Order XVI Rule 1)

• The court can, on its own motion or on the application of any party, issue summons to any person whose presence is necessary to:
• Give evidence.
• Produce any document to settle the controversy.

Examination of Witnesses by the Court

The court may initiate an examination of witnesses to settle issues under the following circumstances:

1. When the Issue is Unclear or Complex: If the court finds that the issues framed are not clear or complex, it may call for additional evidence by examining witnesses.
2. When the Evidence is Insufficient: If the parties fail to produce sufficient evidence to settle the issue, the court may exercise its power under Section 165 of the Indian Evidence Act to call and examine witnesses.
3. When a Material Fact Needs to be Clarified: If an important material fact remains unclear after the completion of the evidence stage, the court may examine witnesses to clarify it.
4. To Prevent Miscarriage of Justice: If the court finds that the examination of a particular witness is essential to avoid injustice, it may summon and examine the witness.
5. Failure of a Party to Produce a Witness: If a party deliberately fails to produce a witness or withholds evidence, the court may summon and examine that witness to avoid suppression of material facts.
6. When the Court Requires Expert Testimony: If the matter requires technical or expert knowledge, the court may summon expert witnesses to explain and settle the issue.

In Kiran Tandon v. Allahabad Development Authority (2004) 10 SCC 745, The Supreme Court held that the court has the power to summon and examine witnesses to settle issues when it finds that the evidence on record is insufficient or incomplete.

Under Order XIV Rule 5, the court may:

• Amend issues framed earlier.
• Strike out issues that are wrongly framed or irrelevant.
• Frame additional issues at any stage of the proceedings if necessary for determining the matter in controversy.

The settlement of issues is a key stage in a civil trial where the court identifies the points of dispute and frames issues accordingly. If the issues remain unclear or evidence is insufficient, the court may exercise its power under Order XVI to summon and examine witnesses to clarify the matter and ensure a fair decision. This helps in narrowing down the controversy and facilitating the just resolution of the case.