The object of settlement of issues is to determine the material points in controversy between the parties.
Issues arises when a material proposition of fact or law affirme by one party and denied by other party.
Issues , whether raised from allegations in the pleadings or from other materials, should not be inconsistent with pleadings, the court is bound to frame the proper issues arising from the pleadings.
Framing of Issues
According to order 14 rule 1, issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.
Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. At the first hearing of the suit the court shall, after reading the plaint, and the written statements, if any, and after such examination of the parties as may appear necesssary, ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on weich the right decision of the case appears to depend.
If the defendant at the first hearing of the suit makes no defence, then according to order 14 rule 1 , nothing in this rule requires the court to frame and record issues.
Omission to frame issues
If an issue is not framed in the suit, while an allegation was made in the plaint in-respect of certain facts and challenged in written statement, the court can allow the parties to lead the evidence on such point, and would give its decision without framing that issue.
Kinds of Issues
ISSUES OF FACT:
Issue of fact means any issue, which has not been determined, by a rule of law, but is to be answered, in accordance with the evidence laid before the court.
ISSUES OF LAW
Issue of law means that issue, which is to be answered in accordance with the law, and not in accordance with the facts or evidences that is laid before the court.
According to order 14 rule 2, ” where issues both of law and fact arise in the same suit, and the court is of the opinion, that the case or any part thereof may be disposed of on issues of law only, it shall try those issues first, and for that purpose may if it thinks fit, postpone the settlement of the issues of fact untill after the issue of law have been determined”.
Materials from which issues may be Framed
The provision regarding the materials from which issues are framed is found in order 14 rule 3, which provides that ” the court may frame issues from any of the following materials :-
- The court may frame issues from the allegations made on oath by bthe parties, or by any persons present on their behalf or made by the pleaders of such parties.
- The court may frame issues from the allegations made in the pleadings or in answers to the interrogatories delivered in the suit.
- The court may frame issues from the contents of the documents produced by either part “.
Power of court to amend and strike-out issues
The power of the court to amend and striking-out of issues is mentioned in order 14 rule 5, which provides that, ” The court may at any time before passing a decree amend the issues or frame additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. The court may also, at any time before passing a decree, strike-out any issues that appear to it to be wrongly framed or introduced.