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JaiHind2010 (Owner)     31 December 2009

What does framing of issues mean?

What does framing of issues mean? What is the procedure followed to frame issues and how does the judge frame the issues? If there is an issue which has to be framed but not framed by judge the how to make sure the issue is framed?

 

 



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 11 Replies

N.K.Assumi (Advocate)     31 December 2009

At the first hearing of the suit if the defendant makes a defence the court shall frame issue: Issue are of two kinds preliminary issue that is Jurisdiction, and bar to a suit created by any law. The main issue are on facts and law. For details se Order XIV of the CPC.But the code has not defined the term issue under section 2 of the Civil Procedure Code. At the time of framing of issue each party will submits its material prepositions of facts or law and will go in records that will formed the framing of issues and a date will be fixed for hearing in those issues.

2 Like

JaiHind2010 (Owner)     31 December 2009

Thank you very much for response.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 December 2009

Issues means the points on which the case is to be contested. The onus of the issues is also fixed at the same time. Means plaintiff has to prove issue no. 1 & 2 and defendants have to prove rest of the issues no. 3 to 8.

 

Issues are framed on the basis of pleading of the parties. General law is adopted in framing the issues : Who so ever asserts, must prove. So even if any issue remains to be framed, it can be framed even at the fag end of litigation on the application moved by either of the parties to the contest.

3 Like

Shree. ( Advocate.)     03 January 2010

Under Order 14 of the Code of Civil Procedure, issues arise when the other party denies material propositions of fact and law averred by one party. “Issue” means a point in question at the conclusion of the pleadings between the parties in an action.It is important for the decision maker to resolve each of the facts in issue. Order 14 rule (3) of the Code of Civil Procedure enables the court to take into account replies to the interrogatories, the documents produced by the parties besides pleadings. Under Order 14, rule (2) court is, subject to the provisions of sub rule (2) bound to answer all issues, which is intended to avoid piece meal trial and protracted
litigation.Issues must find a place in the judgement after the narration of facts.

1 Like

(Guest)

Issues which are not dealt with by a trial judge while passing his judgment is obviously an incomplete judgment and it is liable to be remanded to him by an appellate court, if it is appealed against by either party. But the parties before the trial court can look into the judgment only after they get it on hand and before finding any issue is left out, the court will become functus officio i.e., will lose its power to deal with the judgment. Any court after passing orders/judgments and pass them out, can recall them for correcting clerical/arithmetical errors only.

Pvt_RajKing (Private)     08 November 2010

What happens when the judge ignores the issues suggested by the plaintif which are core to the plaint? Can we object and force the judge to consider the suggested issues? if so under what section?

Also, can we raise this after the affidavit in chief is filed?

[I am sure there is a section in CPC but not sure which one]

ganeshram gupta (prop)     23 July 2012

in reply to suit , we have said that a cheque has been paid in respose to demand for promissory note .further pleaded that suit is not a civil case but a cheating case,so the criminal.

but these points have not been taken in framing issue. now i can bring these issue in litigation ?

Pvt_RajKing (Private)     23 July 2012

I am assuming that you are the respondent in the said suit... if so then you can always prove that you already paid against the promissory note; but cannot stop the civil court by making a counter pleading that is a criminal case & not a civil case...

if you feel that the plaintiff has cheated you then you are open to file a separate criminal case regardless of the pending civil suit against you... but not sure how in this case you can prove that he has cheated you as such (unless you disclose more information about why u think the other party cheated you in legal sense)... 

Pvt_RajKing (Private)     23 July 2012

Perhaps you can make a counter claim for compensation for filing the false case against the plaintiff and seek both punitive and compensatory costs...

ganeshram gupta (prop)     24 July 2012

respectable

         thanks. in reply of suit , i have mentioned the plaintiff had blank chew\que and blank promissory note . by use of 3rd person , he filled payee name name in 4th name for cheque,which has been paid. now the promssiry note payee name has been filled by 3rd person in name of plaintiff.

  i sought that in framing of issuethe addition of issue should be for also as- that a cheque has been paid in respose to demand for promissory note .further that suit is not a civil case but a cheating case,so the criminal.

    pl advise how these two points can be added in framed issues. should i appeal ?

    with regards

kavita podwal (superintendent of central excise)     20 October 2014

Hi i was under the impression that if the plaint and the written reply are submitted, it the Hon Court that will frame the issues, it is not necessary for both the parties to be present in Court when the issues are framed.  Please guide me if i am correct.


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