Rule 1 Order XIV of Code of Civil Procedure 1908 "Framing of issues"
(1) Issues arise when a material proposition of fact or
law is affirmed by the one party and denied by the other.
(2) Material propositions are those propositions of law or
fact which a plaintiff must allege in order to show a right
to sue or a defendant must allege in order to constitute his
defence.
(3) Each material proposition affirmed by one-party and
denied by the other shall form the subject of distinct
issue.
(4) Issues are of two kinds:
(a) issues of fact,
(b) issues of law.
(5) At the first hearing of the suit the Court shall, after
reading the plaint and the written statements, if any, and
71[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.
(6) Nothing in this rule requires the Court to frame and
record issues where the defendant at the first hearing of
the suit makes no defence.
Rule 2 Order XIV of Code of Civil Procedure 1908 "Court to pronounce judgment on all issues"
(1) Notwithstanding that a case may be disposed of on
a preliminary issue, the Court shall, subject to the
provisions of sub-rule (2), pronounce judgment on all
issues.
(2) Where issues both of law and of fact arise in the
same suit, and the Court is of opinion that the case or
any part thereof may be disposed of on an issue of law
only, it may try that issue first if that 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,
and for that purpose may, if it thinks fit, postpone the
settlement of the other issues until after that issue
has been determined, and may deal with the suit in
accordance with the decision on that issue.
Rule 3 Order XIV of Code of Civil Procedure 1908 "Materials from which issues may be framed"
The Court may frame the issues from all or any of the
following materials :-
(a) allegations made on oath by the parties, or by any
persons present on their behalf, or made by the pleaders of
such parties;
(b) allegations made in the pleadings or in answers to
interrogatories delivered in the suit;
(c) the contents of documents produced by either party.
Rule 4 Order XIV of Code of Civil Procedure 1908 "Court
may examine witnesses or documents before framing issues"
Where the Court is of opinion that the issues cannot be
correctly framed without the examination of some person not
before the Court or without the inspection of some document
not produced in the suit, it may adjourn the framing of the
issues to a future day, and may (subject to any law for the
time being in force) compel the attendance of any person or
the production of any document by the person in whose
possession or power it is by summons or other process.
Rule 5 Order XIV of Code of Civil Procedure 1908 "Power
to amend and strike out, issues"
(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.
Rule 6 Order XIV of Code of Civil Procedure 1908 "Questions of fact or law may by agreement be stated in form of issues"
Where the parties to a suit are agreed as to the question of
fact or of law to be decided between them, they may state
the same in the form of an issue, and enter into an
agreement in writing that, upon the finding of the Court in
the affirmative or the negative of such issue,-
(a) a sum of money specified in the agreement or to be
ascertained by the Court, or in such manner as the Court may
direct, shall be paid by one of the parties to the other of
them, or that are of them be declared entitled to some right
or subject some liability specified in the agreement:
(b) some property specified in the agreement and in dispute
in the suit shall be delivered by one of the parties to the
other of them, or as that other may direct; or
(c) one or more of the parties shall do or abstain from
doing some particular act specified in the agreement and
relating to the matter in dispute.
Rule 7 Order XIV of Code of Civil Procedure 1908 "Court, if satisfied that agreement was executed in good faith, may pronounce judgment"
(a) that the agreement was duly executed by the parties;
(b) that they have a substantial interest in the decision of
such question as aforesaid, and
(c) that the same is fit to be tried and decided,
it shall proceed to record and try the issue and state its
finding or decision thereon in the same manner as if the
issue had been framed by the Court.
and shall, upon the finding or decision on such issue,
pronounce judgment according to the terms of the agreement;
and, upon the judgment so pronounced a decree shall follow.