Under Order XIV Rule 1 of the Code, when one party affirms material proposition of fact or law and the other denies the proposition, the Court is ought to frame issue as this disputed material proposition.

If more than one material propositions, independent of each other, are disputed by the parties separate issues can be framed. While farming the issues the learned Courts can also look into the material indicated in Order XIV Rule 3 of the Code. Duty is also imposed on the parties to get proper issues framed and come forward with relevant objection as well as suggestions with respect to such material propositions in dispute and divergence of stances of the parties that require formulation of issues. However, if composite issue is framed that encompasses more than one contradictory stance, interconnected to each other, the same does not per se vitiate the trial. The party challenging the same has to show some serious prejudice caused by not framing independent issues. It is also settled now that when composite issue(s) regarding merits of the case is framed and parties being fully cognizant of the real matter, have led evidence accordingly, in such eventuality contention qua the nonframing of issue fades as inconsequential, as long as judgment fulfills the requirement of law.