Legal Service India.

com

Law Articles
SEARCH

Framing of Issues
When one party affirms and other party denies a material proposition of fact or law, then only issues
arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material
propositions are those propositions of law or fact...

Author Name:   YSRAO JUDGE

When one party a rms and other party denies a material

proposition of fact or law, then only issues arise. If there is no speci c
denial, the question of framing issue does not, generally, arise.
Material propositions are those propositions of law or fact...

 Framing Of Issues

When one party affirms and other party denies a material proposition of fact or law,
then only issues arise. If there is no specific denial, the question of framing issue does
not, generally, arise. Material propositions are those propositions of law or fact. The
plaintiff must allege such material propositions in order to show his right to sue. In
the same way, defendant must allege as to constitute his defence. Unless each
material proposition is affirmed by the plaintiff and denied by the defendant, a
distinct issue will not form.

Material Propositions:
Basically, Material propositions can be understood in sense of two aspects. Those are
Proposition of fact and Proposition of law. Those propositions of fact or law which a
plaintiff must specifically allege in order to show a right to sue or a defendant must
specifically allege in order to constitute his defence in such suit. In Sri Nanjudchari vs.
The Chairman , it was held that '' It is mandatory on the part of the trial court to frame Top
all necessary issues arising from pleadings i.e., material preposition of fact and law of
affirmed by the one party and denied by the another
affirmed by the one party and denied by the another.

When Does A '' Distinct Issue'' Form ?

To form a distinct issue, a material proposition must affirmed by one party and
denied by other. Unless each material proposition is affirmed by the plaintiff and
denied by the defendant, a distinct issue will not form.
At this juncture, it is not out of scope to see Rule 1 (3) of Order XIV of C.P.C, which
reads as infra:
'' Each material proposition affirmed by one party and denied by the other shall form
the subject of a distinct issue.''

Kinds Of Issues:
If defendant makes no defence, framing and recording issue by the Court does not
arise. That too, in such a case, a Court need not frame and record a issue inasmuch as
the defendant makes no defence at the first hearing of the suit. In Desi Kedri vs.
Huzurabad Co-Operative Marketing Society Ltd.,, it was held that ''Issues need not be
framed when there is no dispute with regard to material averments in the plaint.''

According to Rule 1( 4) of Order XIV of C.P.C, issues are of two kinds.

a) issues of fact,
b) issues of law.

Relevant Case-Law:
# Seela Venkata Subbaiah v. Jinka Muni Swamy; 1997(6) ALT 654.
# Madhabananda Ray And Anr. vs Spencer And Company Ltd. on 1 May, 1987 ,AIR
1988 Ori 35 ;
# The Manager, Bettiah Estate vs Sri Bhagwati Saran Singh And ... on 27 March, 1992
,AIR 1993 All 2;
# Mannam Anjmma vs. N.Nageswara Rao; 1997(6) L 645.
# Maharashtra State Warehousing ... vs Bhujang Krishnaji Kohale on 16 June, 1998 ,
(1999) 101 BOMLR 83;
# Mohammed Ali vs Dawood Basha on 18 October, 1995 ,ILR 1995 KAR 3420;
# Sangli Municipal Council vs Syndicate Bank, Branch Sangli And ... on 12 June, 1979 ;
# Hanumantha Gowda vs. Gidde Gowda, 1998(2) CCC 365 (Karn.) = 1998(5) ALT 21.1
(DN OHC);
# Naresh Chandra Das vs Gopal Chandra Das on 23 August, 1990 ;AIR 1991 Cal 237 ;
# Mantu Naik vs Bankim Chandra Maity & Anr. on 29 November, 1995 ,(1998) 3 CALLT
160 HC ;
# Prithvi Raj Jhingta And Anr. vs Gopal Singh And Anr. on 7 September, 2006, AIR 2007
HP 11;
# Maddaa Sai Lakshmi v. Medisetti Lakshmi Narasamma 2006(3) ALT 708.
# P.Chidambaram vs St on 14 June, 2005 ;
# Major S. S. Khanna vs Brig. F.J. Dillon on 14 August, 1963 ;1964 AIR 497

How May a Issue of Fact Arise?

At this stage, I deem that it is not out of place to discuss about the word '' Fact'' which
is defined under section 3 of Indian Evidence Act,1872.
['' Fact''. " Fact" means and includes-- (1) any thing, state of things, or relation of
things, capable of being perceived by the senses; (2) any mental condition of which
any person is conscious.

Illustrations
(a) That there are certain objects arranged in a certain order in a certain place, is a
Top
fact.
(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or
fraudulently, or uses a particular word in a particular sense, or is or was at a specified
time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact." Relevant." One fact is said to be
relevant to another when the one is connected with the other in any of the ways
referred to in the provisions of this Act relating to the relevancy of facts." Facts in
issue." The expression" facts in issue" means and includes-- any fact from which,
either by itself or in connection with other facts, the existence, non- existence, nature
or extent of any right, liability, or disability, asserted or denied in any suit or
proceeding, necessarily follows.

Explanation.-- Whenever, under the provisions of the law for the time being in force
relating to Civil Procedure, 1[ any Court records an issue of fact, the fact to be
asserted or denied in the answer to such issue is a fact in issue.

Illustrations A is accused of the murder of B. At his trial the following facts may be in
issue:-- that A caused B' s death; that A intended to cause B' s death; that A had
received grave and sudden provocation from B; that A, at the time of doing the act
which caused B' s death, was, by reason of unsoundness of mind, incapable of
knowing its nature.]

In view of above, it is apt to say that understanding the word ''fact'' under purview of
Indian Evidence Act is very important as to issues of fact.

When Shall A Court Frame And Record Issues?

Basically, at the first hearing of the suit the Court shall ascertain upon what material
propositions of fact or law the parties are at variance. Yet, here, three essential points
are to be remembered. Before framing and recording issues, firstly, the Court shall
read the plaint and written statement. Secondly, examination under rule 2 of Order X
is mandatory, thirdly, the Court shall hear the parties or their pleaders. At the outset,
it is apt to see words in rule 1 (5) of Order XIV of C.P.C '' after reading the plaint and
the written statement and after examination under rule 2 of Order X and after
hearing the parties or their pleaders''. Thus, the Fundamental Functions of the Court ,
as to before framing and recording issues , are:
1. reading the plaint and written statement;
2. examination under rule 2 of Order X of C.P.C; and
3. hearing the parties or their pleaders;

after these three essential functions, the Court, at the first hearing, shall ascertain
upon what material propositions of fact or law the parties are at variance, and shall
thereupon proceed to frame and record the issues on which the right decision of the
case appears to depend.

In Maddaa Sai Lakshmi v. Medisetti Lakshmi Narasamma, in this case, it was held that
''Before commencement of trial, suit be posted to a specific date for hearing both
sides on the issues already framed to see if they have been property framed or if any
reframing of issues is needed on the core issues in dispute. Trial be commenced only
after such exercise.'' Top

C C t i t ti dd id t ith tf i i ?
Can a Court go into question and decide any aspect without framing issues?
Despite issue is not framed, court has power to go into that question and decide that
aspect of the subject matter in case of sufficient evidence is adduced by both parties
on pleadings . At this juncture, it is appropriate to refer ruling in Mohd.Kareemuddn
Khan vs. Syed Aza, where it was observed that Defendant pleading perfection of title
by adverse possession. Issue not framed. However, evdience adduced by both sides
on the disputed matter. Court is not barred to go into that question and decide that
aspect of the matter. In another case, Sunyabasi Pikra vs. Paramanand Ranasingh, it
was held that '' Both parries have laid evidence, both documentary and oral touching
that issue. Non-framing that particular issue is immaterial. ''

It is thus clear that if the there are pleadings and sufficient evidence is available on
record, the Court can go into that question, even if issue is not framed on that
question, and decide that aspect of the matter. However, in some of the cases, the
matters will be remaded to the trial courts for failure to frame issues. In Syed
Mahmood vs. Dr.Manik Chandra 1998(3) An.W.R.340, it was observed that issues were
framed and therefore, the matter remitted back to trial court no frame issues as
indicated and give reasonable opportunity to the parties to lead evidence etc.

Conclusion:
A fortiori, the present structure of Rule 2 of Order XIV of C.P.C was brought about by
the Civil Procedure Code (Amendment) Act, 1976.
therefore, it is very important to have a look to the difference between the amended
Rule 2 and earlier Rule.2. Let me conclude this article with an observation that ''When
one draws a comparison between the earlier Rule 2 and the amended Rule 2, the
comparison immediately leads to a conclusion that whereas under the old Rule 2 it
was mandatory for a Court to try the issues of law in the first instance and to
postpone the settlement of issues of fact until after findings had been arrived at with
respect to the issues of law, under the new, amended Rule 2, as has been spelt out
and clearly stipulated in Sub-rule (1) thereof, the legislature has mandated that a
Court shall pronounce judgment on all issues, both of law as well as facts,
notwithstanding that a case may be disposed of only on a preliminary issue. Under
the new Rule 2 the only exception is contained in Sub-rule (2) thereof which, in a
manner of speaking relaxes the aforesaid legislative mandate to a limited extent by
conferring a discretion upon the Court that if it is of the opinion that the case or any
part thereof may be disposed of on a issue of law only, it may try that issue first, in
the process postponing the settlement of other issues until the issue of law has been
determined. This discretion even though conferred by the aforesaid legislative
amendment has however been circumscribed and limited, specifically and explicitly
only to two situations and these are that the issue or issues of law only upon which
the case or any part of the case may be disposed of must relate to either the
jurisdiction of the Court or a bar to the suit created by any law for the time being in
force. By a combined reading of Sub-rule (1) and Sub-rule (2) of Rule 2 what therefore
emerges is that, except in situations covered by Sub-rule (2) a Court must dispose of a
suit as a whole, try all issues of law and fact together and accordingly pronounce
judgment on all such issues even though the case may be disposed of on a
preliminary issue. ''
************
# 1999(2) ALT 14.1 (DH OHC) = 1999(1) CCC 265 (Karnataka) ''
# See Order XIV, Rule 1( 6) of C.P.C,1908
# 1994(2) ALT 539 (D.B).
# 2006(3) ALT 708.
# 1997(2) ALT 625 (D.B) = 1997(2) APLJ 220.
Top
# 1997 (4) CCC 304 (Orissa) = 1998(4) ALT 1.5 (DN OHC) = 84 (1997) C.L.T. 534
 ISBN No: 978-81-928510-1-3
Print this Article

Author Bio:   Y.SRINIVASA RAO, M.A(English).,B.Ed.,LL.M.; Judicial Magistrate of I Class;

Topper in LL.M

Email:   [email protected]
Views:  33246
Website:   http://articlesonlaw.wordpress.com
Comments  :  

Mihir Amin : I could not file an appeal in the high court for more than 2
years, against the order of district court. can i do now?

Neena : I had hire a lawyer for my case for stealing and breaking in. And I
have wittteness. But I stay in us. And my lawyer didn't attend court date
twice and got dismissed. And he again he file and got dispose. For same
reason. Now I can't trust this lawyer. And need advise can I file in high
court.

Nazir khan : Very noice and knowledge full site.

How To Submit Your Article:

Follow the Procedure Below To Submit Your Articles

Submit your Article by using our online form Click here
Note* we only accept Original Articles, we will not accept Articles
Already Published in other websites.
For Further Details Contact: [email protected]

File Your Copyright - Right Now!

Online Copyright Registration in India

Call us at: 9891244487 / or email at: [email protected]

Top
 File Divorce in Delhi - Right Now!
File Your Mutual Divorce -
Call us Right Now at: 9650499965 / or email at: [email protected]

Framing of Charge In Criminal Cases

Jurisdiction Of Civil Court Under Civil

Procedure Code

Institution of Suit and its Essentials

Non Bailable Warrant: Preventive Measure

not Ultra Virus

Condonation of Delay in case Appeals

The Power of The Magistrate Under

Section 156 (3) of Cr.P.C

Chances of getting Anticipatory Bail in

cases of 498a/406

Order 37, CPC, Summary Suits

Notice Format u/s 41-A Crpc

Mesne Profit

Top
 Lawyers in India - Search By City

Delhi Mumbai Kolkata Chennai

Chandigarh Pune Siliguri Chandigarh
Allahabad Nagpur Durgapur Hyderabad
Lucknow Nashik Janjgir Coimbatore
Noida Ahmedabad Jaipur Eluru
Gurgaon Surat Ludhiana Belgaum
Faridabad Indore Dimapur Cochin
Jalandhar Agra Guwahati Rajkot
Vapi Jalgaon Amritsar Jodhpur

332 Comments Sort by Top

Add a comment...

Kartik Bagchi
The Union Cabinet is all poised to table an amendment to the marriage laws, which, in the event of a
divorce, would give the wife an equal share of not only the property acquired by the husband during or
before the marriage, but also his inherited or inheritable property. This proposed amendment is already
creating a furore.
Like · Reply · Mark as spam · 17 · 6y

Mallikarjuna Sharma
That is quite insane proposal. Self-acquired property can be disposed of at will - is the established
law and this contradicts it. Even if elements of social or public interest are there, those should not
totally drown the established law. The maintenance provisions should be made more stringent and
adequate by reform but not such divesting of property for a song.
Like · Reply · Mark as spam · 10 · 2y

Veeraswami Panjan
Mallikarjuna Sharma It is not divesting of property for a song Sharmaji, when two join in wedlock,
they flurish and family become established. This society was men dominated, is being men
dominated and I feel bad and continue to be men dominated. Hence, to safeguard the interest of
women folk who have to face so many illtreatment are protected through this historic measure.
Why not we support.
Like · Reply · Mark as spam · 2 · 1y

Lakshmirajyam Jonnalagadda
Execute documents of all the property in the name of your beloved wife and then you will face the
music. men are the strong enemeies of the men and idiotically they see cruelity in men and the
regular and continuous female mess in houses which lead to the disastrous state of affairs forTopthe
men folk and it has become a regular irony and more than 90% of women who seek divorce recite
the stupid stanza that their live is full of thorns and many impedements espeically after marriage
 the stupid stanza that their live is full of thorns and many impedements espeically after marriage
as if their life at their parental houses ran on golden carpet. Present day should be taken into
consideration to ascertain present day oproblems and the days of great great grand fathers or the
inception times of this Kali Yuga.
Like · Reply · Mark as spam · 6 · 42w

Show 2 more replies in this thread

Tukaram Gaude
hi
Like · Reply · Mark as spam · 5 · 5y

Angel Vijayvidya
Can anyone help me.i am suffering from dowry harassment.i am mentally have depressed from my
husband.
Like · Reply · Mark as spam · 3 · 5y

Nilesh Pawar
Go to Police Station and file Section 498A of IPC
if getting Physical harrasment you can file Domestice Violence in the appropriate Court and get
Protection from Husand & relatives of husband
Like · Reply · Mark as spam · 9 · 2y

Abhinav Vishnu
What's ur actual problem, u r not mentioned facts here
Like · Reply · Mark as spam · 2 · 2y

Abhinav Vishnu
Is it belongs to dowry ,or, cruelty,or , harrassment, domestic violence,or ,adultry,or, desertion, what
is ur actual problem
Like · Reply · Mark as spam · 1 · 2y

Show 10 more replies in this thread

Anita Rao
India being democratic country and having protective laws for women , its high time to have special courts
for women to try cases exclusively women cases only...........
Like · Reply · Mark as spam · 18 · 5y

Sharon Chatterjee
woman courts is no solution it fact we need capable judges who are not appointed politically
Like · Reply · Mark as spam · 28 · 4y

A Singh
Sharon Chatterjee Right
Like · Reply · Mark as spam · 6 · 1y
Top
Muneeta Dhiman
By demanding women courts we ourselves are encouraging gender discrimination in our country
 By demanding women courts, we ourselves are encouraging gender discrimination in our country.
We can't encourage and demand gender discrimination at the same time. It's time to have more
courts and efficient judicial system. Let's demand and create that!!!
Like · Reply · Mark as spam · 11 · 47w

Show 10 more replies in this thread

Load 10 more comments

Facebook Comments Plugin

Top
Top