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Issues – ascertaining the real dispute between the Parties




Issues framed by the Court under Order XIV of the CPC, 1908, comprises the ascertainment of the real dispute between the parties to the lis. Issues are framed on question of law or of facts, in order to determine whether the Plaintiff is entitled to the reliefs claimed; or if the Suit is liable to be dismissed.

Issues arises in every litigation, be it Writs, Contempt, Arbitration, Criminal matters, and so one, notwithstanding the Courts are not formally framing them. In C.V. Joshi versus Elphinstone Spinning Mills, reported in [2000 AIHC 4367], the Bombay high Court observed that even in execution proceedings, the issues comes into play, though it is not technically necessary to frame them.

Issues can be framed on the premise of “facts constituting the cause of action”: Cause of action represents the bundle of facts which are necessary (sufficient) to prove by the Party claiming certain reliefs from the court. These bundle of facts constitute “material facts”; and when these material facts are disputed by the opposite party, the “Issues” arises. [AIR 1994 HP 27]

The framing of Issues may be effortless, where, having regard to the principal Reliefs claimed by the Plaintiff, the Court, with the able assistance of the Counsels appearing for the litigating parties, would elicit the “facts constituting the cause of action” from the Plaint, and then elicit the specific denials, and the stand of the Defendant in the Written Statement, as to each of those “facts constituting the cause of action”, and proceed to frame Issues. The framing of Issues may further be effortless for the Judges, if Order X, Rr.1 and 2 are followed in letter and spirit. This Order X has been completely overlooked in the course of trial.

Materials from which Issues are to be framed: Whilst framing Issues, the Court is expected to peruse the pleadings, in order to extract their essence, analyse the allegations of the parties and the contents of the documents produced by them. [2015 (3) SCC 624; AIR 1980 Guj 163; AIR 1978 AP 441; AIR 1970 Cal 292]. Further, the Issues must be framed specifically and not broadly. [AIR 1991 Bom 119].

Irrelevant assertion of facts: The issues should not be framed which are not germane to the determination of the case, although affirmed and denied by the parties. [AIR 1971 MP 172]

Evidence for framing of Issues: Where plea in the pleadings are vague, the concerned party may be examined to clarify its stand on the fact in question, so that proper issue may be framed. [O.14 R.4, (1953) SCR 758]

Admissions: In the scheme of O.XIV of the CPC, whereas Issue arises when the material proposition of fact is affirmed by one party and denied by the other, the admissions made by either of the parties, as to material facts, in their pleadings, results in ceasing of Issue.

The scheme of Order 8 Rr. 3, 4 and 5 of the CPC, 1908, deals with the manner in which allegations of fact in the plaint should be dealt with; and the legal consequences flowing from its non-compliance.

The written statement must deal specifically with each allegation of fact in the plaint; and when the defendant denies any such fact, he must not do so evasively but answer the point of substance. If the denial of a fact is not specific but evasive, then the assertion of fact in the Plaint is taken to have been admitted. [AIR 1964 SC 538; (2000) 4 BCR 508]. Admission on pleadings may be either express or constructive. [(1902) 26 Bom 735; AIR 1967 Del 22].

No issue can be framed on the inter se disputes between co-defendants unless determination thereof is necessary to decide the rights of the Plaintiffs. [AIR 1958 Mad 496].

Issues cannot be framed from vague and bald assertion of facts: Issues cannot be framed on the basis of vague or bare assertion of facts, lacking in material particulars in the pleadings. [2008 (6) BCR 788; AIR 1965 Pat 279; AIR 1975 Bom 52; AIR 1930 PC 57; AIR 1959 Punj 297; AIR 1951 Pat 137; AIR 1950 PC 68]. An issue as to the maintainability of the Suit cannot be raised unless there are specific averments as to how and in what circumstances it is not maintainable. [AIR 1971 Ass & Nag 143.]

The burden of proof: Whilst framing Issue, the burden is directed towards either of the Party, to prove the Issue, having regard to principles incorporated u/ss 101 to 106 of Evidence Act, 1872; and misplaced burden of proof upon any party, of any material fact, may vitiate the whole trial; and therefore, it must be secured that Issues are correctly framed in all respects. Even a smallest error in the framing of issues may lead to the frustration of the rights of the parties. [2009 (6) BCR 857].

Improper and unwarranted framing of issues is probably the main reason for delay in disposing of the cases, apart from causing unnecessary expenses to the parties to the case.

Wrong Issue: The mere improper wording or framing of issue doesn’t necessarily results in an illegality, so as to reconsider the whole thing afresh, if the Parties knew that a particular issue arose in their Suit, and have led evidence, and the Court appropriately gave finding on such issue. [(1897) ILR 21 Bom 325; AIR 1996 AP 238].

Evidence in support of the Issue: The evidence to be led by Parties must be confined to proving of the Issues. [O.18 R.2(1)]. And, after framing of Issues, the principles regulating as to which Party should lead the evidence first, are contained in O.18 R.1 of the CPC, 1908. [AIR 1976 Bom 315; AIR 2017 Civil Cases 2859 Hyd; AIR 2017 Civil Cases 3406 Ori; AIR 2017 Civil Cases 3247].

The object of an Issue is to tie down the evidence and arguments and decision to a particular question, so that there may be no doubt on what the dispute is. The judgment, then proceeding Issue wise, would be able to tell precisely how the dispute was decided. [AIR 2001 SC 490].

Application to add or delete Issues: Where after framing of issues, it appears to any of the parties to the Suit that either (a) any issue has not been appropriately being framed and requires to be amended so as to appropriately burden being cast upon correct party, to prove the concerned issue; or (b) any further issue is required to be framed having regard to amendment of pleadings in the Suit or otherwise, or (c) any issue is required to be deleted having regard to the fact that there are no evidence on record to prove that issue, the said Party may make an Application under O.14 R.5 for modification / addition / deletion of issue.

At any stage: The additional issue may be framed at any stage of the Suit, or even after conclusion of final arguments. [O.14 R.5; AIR 1971 Ori 191; (1912) ILR 35 Mad 607].

The larger issue takes within its sweep the smaller issues:  Like for example, in a Suit for specific performance, the Issue as to whether the Plaintiff is entitled for Specific performance, would take within its sweep, the Issue whether the Plaintiff is ready and willing to perform his part of the contract. [AIR 2004 MP 146]. Framing of additional issue should not be allowed where the existing issue is comprehensive enough to cover the proposed additional issue.

Omission to frame issue: Where formal Issue was not framed, although parties led evidence on the fact, and discussed it, there is no infirmity in the finding of fact recorded by the Court. [AIR 1963 SC 884; AIR 2003 SC 2985]. The failure of the Court to frame an issue, does not necessarily follow admission of any fact by the concerned party. [AIR 1972 HP 99].

Issues of Law and Fact: Where Issues of Law, as to the jurisdiction of the Court, or as to the bar to the suit created by any law for the time being in force, is raised, and if any of the aforesaid Issue of law may be decided without going into evidence, the Court must decide the said Issue of law as a preliminary Issue. However, in order to decide the Issue of law, if the disputed facts are to be ascertained, and evidence are required to be led in that behalf, such Issue of law cannot be decided as a preliminary Issue. [1925 Pat 294; 1933 Cal 559; 1950 Mad 596; (2006) 3 Civil Law Times (208) Mad; AIR 2004 Mad 161. AIR 1964 SC 497; AIR 1991 J & K 1; AIR 1979 MP 153; AIR 2006 SC 3672]. 

Issue / finding based decisions: Each litigation raises typical set of Issues, depending upon the nature of Suit filed, or the nature of legal proceeding adopted. Courts addressing itself with the correct Issues and laying down the foundation of the case, with proper Issues, is the key to expeditious disposal of case. Every decision of the court, be interim or final, as far as possible, must be based on findings of facts recorded by it, on the Issues naturally arises in the nature of litigation, litigated.

Sandeep Jalan
Advocate
Mumbai

https://www.litigationplatform.com/


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