Introduction
In a civil suit, the court must decide the questions of law and fact that are in dispute between the parties. This process is known as Framing of Issues, governed by Order 14 of the Civil Procedure Code (CPC), 1908.
Issues form the foundation of a trial as they define the scope of the dispute, guide the court’s inquiry, and ensure that the trial remains focused on the real controversy.
1. Meaning of Issues
An issue is a point of dispute between the plaintiff and the defendant that requires adjudication by the court. The court frames issues after analyzing the pleadings, documents, and oral statements of the parties.
- Order 14, Rule 1(1), CPC defines “issues” as material propositions of fact or law that arise in a suit and are in dispute.
- Material propositions are those that must be proved or disproved to decide the case.
2. Types of Issues (Order 14, Rule 1, CPC)
1. Issues of Fact
- Disputes regarding material facts between the parties.
- Example: Whether A paid ₹50,000 to B as a loan?
2. Issues of Law
- Disputes regarding legal principles that apply to the case.
- Example: Whether the suit is barred by the Limitation Act?
Case Law: Kashi Nath v. Jagan Nath (1959)
- The Supreme Court ruled that the court must frame both legal and factual issues separately to ensure clarity.
3. Duty to Frame Issues (Order 14, Rule 3, CPC)
The court must frame issues based on:
- Pleadings of the parties – The plaint and written statement.
- Documents produced – Contracts, wills, promissory notes, etc.
- Statements made by parties or counsel – Admissions or denials.
- Allegations of facts – Whether explicitly stated or implied.
4. Who Frames the Issues?
- The Court is responsible for framing issues.
- Parties can suggest issues, but the final decision rests with the judge.
Case Law: Makhan Lal Bangal v. Manas Bhunia (2001)
- The Supreme Court held that courts must carefully frame issues to cover all disputed points, failing which the trial may be rendered ineffective.
5. When Are Issues Framed?
- Issues are framed after the pleadings are complete but before the trial begins.
- The court may frame additional issues at any stage if new disputes arise (Order 14, Rule 5, CPC).
6. Amendment of Issues
- If the court realizes that some issues are incorrectly framed or incomplete, it can modify or add new issues.
- Order 14, Rule 5, CPC allows the court to amend issues at any stage before the judgment.
7. Importance of Framing of Issues
| Aspect | Explanation |
|---|---|
| Defines Scope | Ensures the trial remains focused on the real controversy. |
| Prevents Delay | Avoids unnecessary arguments and speeds up proceedings. |
| Ensures Fairness | Both parties know what must be proved. |
| Guides Evidence | Helps in deciding what evidence needs to be presented. |
| Assists in Judgment | Helps the judge apply the law effectively. |
Case Law: Satyadhyan Ghosal v. Deorajin Debi (1960)
- The Supreme Court emphasized that proper framing of issues is crucial for a fair trial and must cover all disputes between the parties.
8. Conclusion
The framing of issues is a critical step in civil litigation. It helps in identifying the exact points of dispute, ensuring clarity and efficiency in the trial. Properly framed issues lead to a fair and just decision, while defective issues may cause delays, retrials, or even injustice. The court plays a proactive role in framing, modifying, and deciding issues to uphold the principles of justice.
