CIVIL DRAFTING

Issues-basics
Civil Drafting
Issues-basics

Table of Contents

What Are Issues? 3

Purpose 3

Types Of Issues 3

Process 4

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Issues-basics

What Are Issues?

Issues are those questions of law or fact which are essential to be determined for the final
disposal of a case. In the plaint, the plaintiff alleges propositions essential to establish his
case. Similarly, in the written statement, the defendant denies or accepts the claims made
by the plaintiff. Issues are framed when a material proposition of fact or law is affirmed by
one party and denied by the other. If both the plaintiff and the defendant agree to facts/law
proposed by the other side then it will not form an issue since they both have already
settled on that point. If the defendant does not provide any defence, then also, the
question of framing the issue does not arise and the Court may immediately pass a
judgment in such a case.

Purpose
It is mandatory for the trial court to frame necessary issues. The purpose of framing issues
is to provide specific questions for the trial so that the trial can be conducted in an efficient
manner. Once issues are framed, it becomes clear where the dispute lies and evidence and
arguments can be presented accordingly.

Types Of Issues
There are two types of issues

1. Issue of fact
These are the questions which pertain to facts only. For eg. Questions relating to
establishing alibi, minority, signature etc.

2. Issue of law
There are the questions which pertain to law only. For eg. Legislative Interpretation
and intent etc.

3. Issue of facts and law

These are the questions which have a mixed issue of facts and law.

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Types of Issues

Issue of Issue of
Issue of
Fact Fact
Law
and Law

Process
Order XIV of the Code of Civil Procedure 1908 deals with framing of issues. According to
Rule 1[5], ‘At the first hearing of the suit the Court shall, after reading the plaint and the
written statements if any, and 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.’

Thus, the court shall frame the issues on the first hearing of the suit. In order to do so, it
may consider the following material-

● Plaint and Written Statement

● Examination under Order X Rule 2
● Hearing the Parties and their pleaders

Since issues form the basis of trial, it becomes necessary that they are framed to an
accurate degree.

According to Order XIV Rule 5, ‘(1) 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. (2) 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.’

Thus, once the issues are framed, the Court may also

1. Amend the issue

2. Frame additional issue

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3. Strike out any issue

The above actions can be taken anytime before passing the decree.

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