Discuss the rules concerning the framing of issues.

Question: Discuss the rules concerning the framing of issues.

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Answer

When one party affirms and another party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing the issue does not, generally, arise. Material propositions are those propositions of law or fact.

The plaintiff must allege such material propositions in order to show his right to sue. In the same way, a defendant must allege as to constitute his defense. Unless each material proposition is affirmed by the plaintiff and denied by the defendant, a distinct issue will not form.

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 taken into account. Before framing and recording issues, fundamental functions of the Court areas to:

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;

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”. The Court, after examining the pleading and other material on record as required under Rule 3, may frame the issues.

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 (2006) 3 ALT 708, in this case, it was held that ”Before commencement of trial, suit be posted to a specific date for hearing both sides on the 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.”

Has the Court got the authority to decide any aspect without framing issues?

In a true sense, Court has got the power to decide but the condition is that there should have been proper evidence presented before the Court through the pleadings of both the parties. In one of the famous cases, Sunyabasi Pikra v. Paramanand Rana Singh, it was held that when both parties have shown correct evidence thereupon covering both documentaries as well as oral and the issues get covered in that situation it is irrelevant to look after framing of a specific issue.

Thus, it can be concluded that the framing of issues curtail the area of dispute and it clearly brings up what specific points are to be recognized in order to decide the case in a most appropriate manner.

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