What are Issues?

Questions of fact or law in dispute between parties

Issues are the material points of dispute between the parties in a suit, either on facts or on law. They arise when one party affirms a material proposition of fact or law and the other party denies it. As per Order XIV Rule 1 of the Code of Civil Procedure (CPC), issues may be of two types:

• Issues of Fact: Based on conflicting statements of fact made by the parties.
• Issues of Law: Based on differing interpretations or application of legal principles.

The court is duty-bound to frame issues after the pleadings are complete and evidence (if necessary) has been considered.

Purpose of Framing Issues

To determine the points to be decided by the Court

The primary purpose of framing issues is to identify the matters in controversy that need to be adjudicated. It helps in narrowing down the scope of the trial to specific questions and avoids unnecessary evidence or arguments.

Other purposes include:

• Guiding the parties to present relevant evidence
• Assisting the court in arriving at a proper decision
• Preventing delay and confusion during the trial

Thus, proper framing of issues is essential for a fair and efficient civil trial.

Issues of Fact

Issues of fact arise when one party affirms and the other denies a fact. These are material facts that must be proved or disproved through evidence. For example, if the plaintiff claims the defendant trespassed on his land and the defendant denies it, this gives rise to an issue of fact.

Such issues require the court to examine oral or documentary evidence to determine the truth. Witness testimonies and documents play a crucial role in resolving issues of fact.

Issues of Law

Issues of law arise when the dispute is about the interpretation or application of legal principles or statutes. For instance, whether a particular suit is barred by limitation is an issue of law.

The court can decide issues of law without taking evidence, often at the preliminary stage, based on the legal submissions of both parties.

Arising from Pleadings

Issues are primarily framed based on the pleadings of the parties – the plaint and the written statement. These are known as material issues, and they help in identifying the real questions in controversy.

Order XIV Rule 1(5) of the CPC mandates that the court shall frame issues on all material propositions of fact or law affirmed by one party and denied by the other. The court may also frame issues from documents or statements made during preliminary hearings.

Order XIV: Framing of Issues

Determination of issues by the Court

According to Order XIV Rule 1 of the Code of Civil Procedure (CPC), issues are framed when one party affirms a material proposition of fact or law and the other denies it. The court identifies such disputed propositions and formulates them as distinct issues.

The purpose of this process is to clarify the matters in controversy and guide the trial. It enables both parties to know what they have to prove or disprove, and ensures that the trial focuses only on relevant matters.

Issues of law to be decided first

Order XIV Rule 2(2) provides that where issues of law and fact arise in the same suit, and the court is of the opinion that the case may be disposed of on a pure question of law (e.g., jurisdiction or limitation), it shall decide such issue first. This avoids unnecessary trials and saves time and resources.

However, the issue must be a pure question of law. If it involves mixed questions of law and fact, the court may postpone its determination until after the trial of factual issues.