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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