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
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 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.
Framing of issues rule 1
Court to pronounce judgment on all issues Rule 2
- Issues arise when a material proposition of fact or law is affirmed by
the one party and denied by the other.
- Material propositions are those propositions of law or fact which a
plaintiff must allege in order to show a right to sue or a defendant must
allege in order to constitute his defence.
- Each material proposition affirmed by one-party and denied by the other
shall form the subject of distinct issue.
- Issues are of two kinds:
- issues of fact,
- issues of law.
- At the first hearing of the suit the Court shall, after reading the
plaint and the written statements, if any, and 71[after examination under
rule 2 of Order X and after hearing the parties or their pleaders],
ascertain upon what material propositions of fact or of 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.
Materials from which issues may be framed Rule 3
- Notwithstanding that a case may be disposed of on a preliminary issue,
the Court shall, subject to the provisions of sub-rule (2), pronounce
judgment on all issues.
- Where issues both of law and of fact arise in the same suit, and the
Court is of opinion that the case or any part thereof may be disposed of on
an issue of law only, it may try that issue first if that issue relates to:
- the jurisdiction of the Court, or
- a bar to the suit created by any law for the time being in force,
and for that purpose may, if it thinks fit, postpone the settlement of the other
issues until after that issue has been determined, and may deal with the suit in
accordance with the decision on that issue.
The Court may frame the issues from all or any of the following materials:
Court may examine witnesses or documents before framing issues rule 4
- allegations made on oath by the parties, or by any persons present on
their behalf, or made by the pleaders of such parties;
- allegations made in the pleadings or in answers to interrogatories
delivered in the suit;
- the contents of documents produced by either party.
Where the Court is of opinion that the issues cannot be correctly framed without
the examination of some person not before the Court or without the inspection of
some document not produced in the suit, it may adjourn the framing of the issues
to a future day, and may (subject to any law for the time being in force) compel
the attendance of any person or the production of any document by the person in
whose possession or power it is by summons or other process.
Power to amend and strike out, issues rule 5
Questions of fact or law may by agreement be stated in form of issues rule 6
- The Court may at any time before passing a decree amend the issues or
frame additional issues on such terms as it thinks fit, and all such
amendments or additional issues as may be necessary for determining the
matters in controversy between the parties shall be so made or framed.
- The Court may also, at any time before passing a decree, strike out any
issues that appear to it to be wrongly framed or introduced.
Where the parties to a suit are agreed as to the question of fact or of law to
be decided between them, they may state the same in the form of an issue, and
enter into an agreement in writing that, upon the finding of the Court in the
affirmative or the negative of such issue:
Court, if satisfied that agreement was executed in good faith, may pronounce
judgment Rule 7
- a sum of money specified in the agreement or to be ascertained by the
Court, or in such manner as the Court may direct, shall be paid by one of
the parties to the other of them, or that are of them be declared entitled
to some right or subject some liability specified in the agreement:
- some property specified in the agreement and in dispute in the suit
shall be delivered by one of the parties to the other of them, or as that
other may direct; or
- one or more of the parties shall do or abstain from doing some
particular act specified in the agreement and relating to the matter in
- that the agreement was duly executed by the parties;
- that they have a substantial interest in the decision of such question
as aforesaid, and
- that the same is fit to be tried and decided,it shall proceed to record and
try the issue and state its finding or decision thereon in the same manner as if
the issue had been framed by the Court.
And shall, upon the finding or decision on such issue, pronounce judgment
according to the terms of the agreement; and, upon the judgment so pronounced a
decree shall follow.