Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Object of an issue is to tie down the evidence and arguments and decisions to a particular question so that there may be no doubt on what the dispute is...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Court should adjudicate all issues and give its findings on all the issues and not to pronounce judgment only on one of issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Issues not framed by trial Court - However, on the basis of pleadings of parties, trial Court rightly framed point for determination - Since point for determination was framed, there was no illegality in not framing issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Object of framing an issue is to determine material point of disputes between parties for the purpose of adjudication - Issues can be framed on a question of law or fact or a mixed question of law and fact - Distinct issue is to be formed when a material proposition of law or fact is affirmed by one party and denied..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of specific issue - There could be several points directly or indirectly connected with main issue that has been framed - In such cases, when larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of limitation generally is a mixed question of fact and law - However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law - Where action is initiated after several years after right to sue accrued, without any pleadings to explain reasons for..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - In a civil suit, issues of civil matters are to be decided on balance of probabilities that means case of which side is more probable, same is acceptable under law...........
