Framing of issues

In a property dispute or any civil suit governed by the Code of Civil Procedure (CPC), 1908, you are permitted to submit written suggestions for framing of issues.

While the court has the ultimate duty to frame the issues under Order XIV, it is common practice and often encouraged for both the plaintiff and the defendant to submit a "Draft Schedule of Issues" or "Proposed Issues" in writing.

Yes, you can. What is the opinion of your advocate?

It is duty of court to frame issues however plaintiff and defendant  can  orally or in writing suggest court proposed issues.

It is duty of the judge to seek draft / proposed issue(s), if not asked you can submit. You may apply for additional issue(s) (if left over) u/o XIV Rule 5 CPC.

Yes. In a property dispute suit, the defendant can submit written suggestions/proposed issues before the court for framing of issues. It is not restricted only to oral submissions during hearing.

Under the Code of Civil Procedure, 1908, issues are framed under Order XIV Rule 1 CPC on the basis of pleadings and materials on record. Practically, parties often:

make oral submissions during the hearing on framing of issues, and/or

file a written application or “suggested issues” before the court.

The court is not bound to accept all proposed issues, but it may consider them if they arise from the pleadings and are necessary for proper adjudication of the suit.

The defendant may therefore:

file a short petition/application containing proposed issues;

serve copy upon the opposite party if directed; and

argue orally at the time of hearing.

Time pass and hypothetical queries are regularly posted by author.