“Law Master’s” Publication

‘Framing of issues’

Prof. .S. D. Bhosale

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FIRST HEARING/ FRAMING OF ISSUES

QUESTION BANK

Q.1. What is first hearing? What are the rules regarding the first hearing?

Q.2. What is the framing of issues? Explain its kids.

SHORT NOTES

1) Issue.

2) Disposal of the suit at the first hearing.

SYNOPSIS

I. PROCEDURE ON FIRST HEARING OF THE SUIT-

II. FRAMING OF ISSUES (O. XIV)-

III. KINDS OF ISSUES-

IV. MATERIALS FOR FRAMING ISSUES (R. 3)-

V. DISPOSAL OF SUIT AT FIRST HEARING (O. XV)-

I. PROCEDURE ON FIRST HEARING OF THE SUIT-

The first step in a civil proceeding is filing the plaint by the plaintiff; the second is

filing a written statement by the defendant; and the third is framing issues by the Court.

Framing of issues is called the first hearing of the suit. In order to frame issues precisely

on the first hearing, the Court proceeds through the following procedure-

(1) The Court may seek an explanation of the parties or their pleader whether he admits or

denies such allegations of fact as are made in the plaint or written statement of the opposite

party and which are not expressly or by necessary implication admitted or denied by the

party against whom they are made (O. X. R. 1). In order to elucidate matter in controversy,

the Court shall examine orally, party appearing in the Court (O. X. R. 2).

The

Court shall then direct parties to opt for any one mode of alternative dispute resolution like

“Law Master’s” Publication

‘Framing of issues’

Prof. .S. D. Bhosale

arbitration, conciliation, mediation etc (O. X. R 1 A).

(2) Any party to a suit may give notice that he admits the truth or the whole or any part of

the case of any other party. Either party may call upon the other party to admit, within

seven days from the date of service of notice, any document filed by the party (O. XII. R.

1 & 2) (Provisions as to admissions are explained in detail in earlier topic).

(3) The parties or their pleaders have to produce at the first hearing of the suit all the

documentary evidence of every description in their possession or power on which they

intend to rely (O. XIII. R. 1) (Provisions as to Production, impounding and Return of

documents are explained in details in earlier topic).

II. FRAMING OF ISSUES (O. XIV)-

‘Issue’ means ‘a point in question, an important subject of debate or litigation. The

issue arises when a material proposition of fact or law is affirmed by one party and denied

by the other (R. 1). Material propositions are those propositions of law or fact the plaintiff

must allege in order to show a right to sue or a defendant must allege in order to constitute

his defence (R. 2). Each material proposition affirmed by one party and denied by the other

shall form the subject matter of a distinct issue (R. 3). Issues are the points to be proved by

evidence, which court fixes when material points of fact or law are affirmed by the plaintiff

and denied by the defendant. For example, if there is a suit for maintenance filed by a wife

against her husband. In this suit, the wife pleads in her pleading that her marriage with her

husband was performed on 20/11/07 and out of that marriage, she has one child, but the

husband is not maintaining them. In his written statement, the husband asserts that he is

ready to maintain his wife, but the wife is not cohabiting with him. In this matter, the fact

of the marriage of the wife with her husband is not denied; even having a child out of

wedlock is also not denied by the husband. Therefore, these cannot be points of the issue

before the court. Then, the court will frame issues of whether the wife on her own is not

cohabiting with her husband. Whether Is she entitled to maintenance? How much

maintenance amount is she entitled to? In this matter, the Court will not frame the issue of

whether both have married. And whether they have a child. Because these facts are not

denied by the husband.

By framing issues, each party becomes fully aware of the exact questions to be tried.

By framing issues, the Court facilitates them to produce evidence to prove or disprove

points in issues.

III. KINDS OF ISSUES-

Issues are of two kinds (i) issues of fact and (ii) issues of law. There may be mixed

issues of law and fact. R. 2 provides that where issues both of law and of fact arise in the

same suit, and the Court is of the opinion that the case or any part thereof may be disposed

“Law Master’s” Publication

‘Framing of issues’

Prof. .S. D. Bhosale

of on an issue of law only, it may try that issue first if the issue relates to (a) the jurisdiction

of the Court, or (b) a bar to the suit created by any law for the time being in force. Such an

issue is called the primary issue. The Court may postpone the settlement of other issues to

decide on preliminary issues.

IV. MATERIALS FOR FRAMING ISSUES (R. 3)-

The court may frame issues from all or any of the following materials-

(a) Allegation made on oath by the parties or by any persons present on their behalf or

statements made by the leaders appearing for the parties.

(b) Allegation made in the pleadings or in answers to interrogatories, and

It is the court's duty to frame issues. The Court may examine witnesses or inspect

documents before framing issues, amending them, framing additional issues, or striking

out issues that may appear to be wrongly framed (Rr. 4 and 5).

However, if the defendant makes no defence, the Court does not need to frame issues

(R. 1 sub-rule 5).

V. DISPOSAL OF SUIT AT FIRST HEARING (O. XV)-

The Court at once may pronounce judgment on the first hearing of the suit in the

following cases-

(1) Where the parties are not at issue on any question of law or fact (R. 1),

(2) Where there are two or more defendants, and any one of them is not at issue with the

plaintiff on any question of law or of fact (R. 2).

(3) Where after framing of issues, if the Court is satisfied that no further argument or

evidence is required. (R. 3).

(4) Where the summons has been issued for the final disposal of the suit and either party

fails without sufficient cause to produce the evidence on which he relies ((R.4).

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