2021 LHC 1817
It is duty of the Court to frame issues from material propositions. To frame issues, Court is to find out questions of fact, question of law and mixed questions of fact and law from pleading of the parties and other materials, which are produced with pleading and parties are to produce their evidence to prove or disprove framed issues. Following are the relevant provisions of law regarding the concerned topic:-
i. Order XIV Rule 1 to 6 of CPC 1908
ii. Order XVIII Rule 2 of CPC 1908
iii. Order XX Rule 5 of CPC 1908
iv. Order XLI Rule 31 of CPC 1908
v. Order XV Rule 1 of CPC 1908
So far as the definition of „issue‟ is concerned, it can be summarized as such that, „A single material point of fact or law in litigation that is affirmed by one side and denied by the other, that subject of the final determination of the proceedings is called „issue‟. The object of framing issues is to ascertain the real dispute between the parties by narrowing down the area of conflict and determining where the parties differ. It is the duty of the Judge himself to frame proper issues. Where parties are not satisfied, it is their duty to get proper issues framed. Matters to be considered before framing issues are:-
i. The Court shall read the plaint and written statement before framing an issue to see what the parties allege in it.
ii. iii. iv. v. vi. vii. Order X, Rule 1, CPC permits the Court to examine the parties for the purpose of clarifying the pleadings, and the Court can record admissions and denials of parties in respect of an allegation of fact as are made in the plaint and written statement.
iii. If any party admits any fact or document, then no issues are to be framed with regard to those matters and the Court will pronounce judgment respecting matters which are admitted.
iv. The Court may ascertain, upon what material proposition of law or fact the parties are at variance. The Court may examine the witnesses for the purpose of framing of issues.
v. The Court may also in the framing of issues take into consideration the evidence led in the suit.
vi. Where a material point is not raised in the pleadings, comes to the notice of the Court during course of evidence the Court can frame an issue regarding it and try it.
vii.Under Order XIV, Rule 4 CPC any person may be examined and any document summoned, for purposes of correctly framing issues by Court, no produced before the Court.
The court may frame the issue from all or any of the following materials.
i. Allegations made on oath
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Issues can be framed on the allegations made on oath by the parties or by any persons present on their behalf or made by the pleader of such parties.
ii. Allegations made in Pleadings
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Issues can be framed on the basis of allegations made in the pleadings.
iii. Allegations made in interrogatories
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Where the plaint or written statement does not sufficiently explain the nature of the party‟s case, interrogatories may be administered to the party, and allegations made in answer to interrogatories, delivered in the suit, may be the basis of framing of issues.
iv. Contents of documents.
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The court may frame issue on the contents of documents produce by either party. v. Oral examination of Parties. Issues can be framed on the oral examination of the parties.
vi. Oral objections of Parties.
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Issues may be framed on the basis of oral objection.
Apart from the above, the following points are important in respect of framing, amending, altering or striking out the issues:-
i. Amendment of issues.
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At any time before passing of decree, court can amend framed issues on those terms, which it thinks fit. However, such amendment of framed issues should be necessary for determination of matters in controversy between the parties.
ii. Striking out of issues
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At any time before passing of decree, court can strike out framed issues especially when it appears to court that such issues have been wrongly framed or introduced.
iii. Discretionary Power
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Regarding amendment of frame issues, court possesses discretionary power. Court can exercise this power when no injustice results from amendment of framed issue on that point, which is not present in pleading. However, it cannot be exercised when it alters nature of suit, permits making of new case or alters stand of parties through rising of inconsistent pleas.
iv. Mandatory Power
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Regarding amendment of framed issues, court also has mandatory power. In fact, court is bound to amend framed issues especially when such amendment is necessary for determination of matters in controversy, when framed issues do not bring out point in controversy or when framed issues do not cover entire controversy.
v. At any stage.
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Court can amend or strike out framed issues at any time before final disposal of suit.
In addition to the above, the framing of an issue does not mean that a court is taking a position on the contentions of the parties on a material question of fact or law. The court is merely engraving the contours of the trial so that the progress of the trial is not accosted by slugfest on immaterial issues that have no bearing on the adjudication of the rights and liabilities of the parties. In the present case, material issues, which go to the roots of the case, have not been framed by the learned trial Court, as observed above; thus, when the position is as such, the judgments and decrees passed by the learned Courts below, though at variance, cannot be allowed to hold field.
Civil Revision.1843-13
PERVEEN AKHTAR VS AKHLAQ AHMAD ETC
Mr. Justice Shahid Bilal Hassan
15-06-2021
2021 LHC 1817
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