Civil Procedure Code - Framing of Issues (Order 14)

Framing of issues is one of the most crucial stage in suit. It's the issues that are framed on which court gives judgment.

Therefore it's extremely important that Court frames the issues correctly, on determination of which justice is done.

Order 14 deals with framing of issues.

Now before going into Order 14, it's important to understand few terms. Below are terms, if understood well help us understand Order 14.

An Example..

Let us take one example. In below case say buyer has filed a suit for payment of damages due to delayed delivery of flat.

In below example, buyer of flat is saying to builder "You have delayed the delivery of flat, for which I paid the money". Builder replies "No, delivery is at later date. We haven't delayed".

Here one party is asserting certain fact and other party is denying it. That is nothing but an issue, to be determined by court.

Rule 1 states when issue is arises, what are kinds of issues, what are material proposition.

Rule 1

Here material proposition are generally related to cause of action, or proposition on which defense of defendant is relied upon.

Generally issues are framed at first hearing. Remember Order 11 ?

There are two types of issues. Issues of law and Issue of Fact. We have seen meaning of these term in first picture. 

Issues of Laws are issue where application of law is contested, whereas in issue of facts, facts are contested by the parties.

Rule 2

Rule 2 states that court shall pronounce the judgment on all issues. However in certain cases, court can pronounce judgment on partial question of law.

Rule 3

Rule 3 provides for the material from which court can frame the issues.

Below are some of the materials from which court can frame the issue.

Rule 4

Rule 4 provides that court can examine the documents or witness for framing of issues. Earlier we have seen that issues are framed in first instance. However if Court feels it needs additional help, they can order for attendance of witness or production of documents.

Rule 5

Issues are framed at the beginning and decided later. However Rule 5 states that court can add issues at later stage also. Not only addition, court can strike out the issue if it feels they are wrongly framed or introduced.

Rule 6

Generally speaking, court can frame the issues. 

However Rule 5 provides that parties by agreement decide upon what should be issues between them. Parties may also agree about payment of money, delivery of property, doing or not doing of certain act on decision of issues submitted by them to the court.

Rule 7

When parties agree upon issues, court after consider various things may pronounce judgment.

Court has to look into below things

1.   that the agreement was duly executed by the parties;

2.   that they have a substantial interest in the decision of such question as aforesaid, and

3.  that the same is fit to be tried and decided,

Important things

Here are few questions

You can find answer to all above questions in below article. We would have answered it here, but below article is really good written by Hon'ble JFC and it would be copyright violation also. :D

Please read it here for more insight.

Legalfundaa