Introduction:-

The framing of the problems is likely the most crucial phase of a civil lawsuit’s trial. The right and accurate issues must be framed in order to get the best decision in the quickest amount of time. Issues that are inaccurate and wrong could waste precious court time.

Siddhi Chunilal vs. Suresh Gopkishan (2009(6) BCR 857 In this case, it was observed that if correct and accurate issues were not framed, it leads to gross injustice, delay and waste of the court’s valuable time in deciding the matter. If defendant makes no defense, framing and recording issue by the Court does not arise, in such a case, a Court need not frame and record issue in as much as the defendant makes no defense at the first hearing of the suit.

What are the issues or definition of issues:-  Issues mean a single material point of fact or law in litigation that is affirmed by one party and denied by the other party to the suit and that subject of the final determination of the proceedings.                         When issues arises?  Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other party to the suit.

What are the material propositions:- According to Rule 1(2) material propositions are those propositions of fact or law which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defense.

 Why issues are framed? (Object of framing of issues)    The main object of framing issues is to ascertain the real dispute between the parties by narrowing down the area of conflict and determine where the parties differ.                     

Duty of the court  ;The duty in relation to framing of the issue is that 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 the context of the issues framed.

Objective of Framing Issues:

Fiza Developers & Inter-Trade (P) Ltd. v. Amci (I) (P) Ltd., (2009) 17 SCC 796 : “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.”

Kinds of issues: As per the Order 14 Rule 1(4) of the C.P.C. issues are of two kinds.

A.   Issues of fact ,      B.    Issues of Law.

A question of law on which no evidence is to be brought in by the parties can be tried as a preliminary issue. It is being done when the issue involves a question of law alone. To decide to try anything as a preliminary issue is a matter of discretion for the court, but it is not an obligation (O XIV R 2(2).

When determination of a ‘question of law’ depends on a ‘question of fact’, then the issue of law should not be tried as a preliminary issue. The plea of limitation, estoppel, res judicata etc, raised in the beginning of a case can be tried as preliminary issue.

Importance of issues

To decide a case properly the framing of the issue should be appropriate.

Framing of issue helps the parties to lead necessary evidence in support of the claims and the reliefs. It will give the other party to confront or construct the case to bring home his defence.

Issues are the lamp post which enlightens the parties, the trial and the appellate court as to what the controversy is, what the evidence must be, and where the truth in the dispute lies.

When issues are framed?:-

  According to rule 1, issues are framed and recorded by the court at the first hearing after reading the plaint, written statement, examining and hearing of parties and their pleaders.

The issues are to be framed by the court from the following sources:-

• Allegations of parties or their behalf on oath
• Allegations made in the pleadings/interrogatories
• The contents of documents produced by both parties.

Postponement of framing of issues.   If the court determines that the questions cannot be properly formulated without the examination of a party who is not present or without the review of a document which has not been presented in the lawsuit, the framing of the issues may be postponed for a maximum of seven days.

How issues are framed? Or What materials are required for framing of issues?:-

 issues may be framed by the Court from all or any of the following materials—

1.     Allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;

2.     Allegations made in the pleadings or in answers to interrogatories delivered in the suit;

3.     The contents of the documents produced by either party.

Court cannot refuse to decide issues

The court cannot refuse to decide any issue if the issue is framed and evidence is given, even though the point finds no mention in the pleadings.

The court should not frame any issue which does not arise in the pleadings. The issue must be confined onto the material questions of fact or law.

Amendment of issues framed:-

Order 14 Rule 5, C.P.C. gives the court the authority to change the issues it has set forth or to set forth new issues at any point in the course of proceedings. It does not, however, believe that this authority must be used when an application is made; rather, it places a duty on the Court to use this authority suo moto “for determining the matters in controversy between the parties” if it were necessary to do so.

Court adjudicates on issues

It is on the issues that the court applies its mind and decides which issue should be decided in whose favour.

The judgment is the application of the court’s mind on the issues that the court initially frames. That means the issues run as a thread from the first day of hearing of a case to the last day of its judgment.

When lower court omits framing any issue

When the lower court omitted to frame an issue before trying a matter in controversy, the appellate court can frame the issue and refer it for trial to the lower court. There is no need to remand the entire case. Then the lower court should try such issues and return the evidence and its decision to the appellate court (please see Section 25 of the CPC and the Order XLI Rule 24)

Conclusion:-  Finally, with the conclusion of this section, it can be said that the issues are of great importance not only to the parties but also to the Court. Parties are required to prove or disprove the issues framed by the court, not the pleading. On the other side, the court is also bound to give decision on each framed issue. Therefore, the Court is not to decide those matters on which no issues have been framed.