Issues under the CPC are governed under Order XIV. An issue is a material proposition of fact or law which one party holds to be true, while the other denies. The role of the civil court, in such instances, is to frame a specific issue on such a proposition – in order to enable the parties to prove their case by leading evidence on such an issue. Rule 1(4) of Order XIV divides issues into two – issues of fact and issues of law. Both issues of fact and issues of law are ascertained by the court based on the pleadings of both parties, and the submissions made by their lawyers in support of each party’s case. The court will also look at the documents produced by both parties, and any answers in response to interrogatories in the suit, before framing of issues under Rule 3 of Order XIV.
Issues of fact are based on contested factual averments in a civil case which will determine important interests such as right of repayment of monies, assess the correct title over property, the share in a partition dispute between family members etc. What constitutes a fact, a relevant fact, and a fact in issue will be assessed in accordance with the provisions of the Indian Evidence Act 1872, specifically section 3.
Issues of law are important questions of law which will either complement the court’s adjudication of the issues of fact (called mixed questions of fact and law), or be a deciding factor in the court’s legal determination, especially in cases where there are preliminary objections raised. While questions of res judicata, limitation etc are examples where the court will assess the issue as one of both fact and law, questions on the jurisdiction of court, or a bar on the adjudication of the suit due to a prevailing law in force, can be decided as preliminary issues under Order XIV Rule 2 of the CPC.
In order to frame issues, if a court is of the opinion that it will need to examine a person or inspect further documents, it is empowered to do so under Order XIV Rule 4 of the CPC.
Even after the framing of issues, Order XIV Rule 5 of the CPC allows the court, either by itself or through an application by either party, to amend, add or strike off any of the issues on record, if it believes that it is necessary to determine the controversy between the parties. Order XIV Rule 5 of the CPC illustrates the underlying principle that the civil court is ultimately entrusted with the duty to do substantive justice. And in doing so, it should have the power to frame additional issues, or remove irrelevant/repetitive issues.
Source: Barandbench
