issues

Under Order XIV Rule 1 CPC, issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. The court frames them at the first hearing after reading the pleadings, examining the parties if needed, and looking at the documents. Each material proposition affirmed by one party and denied by the other forms a separate issue. Issues are of fact or of law, and the burden of proof is noted against each.

Under Order XIV Rule 2, the court must normally decide all issues together, but if an issue of law relating to jurisdiction or a statutory bar to the suit can dispose of the case, it may try that first. The court may amend or add issues at any time before decree (Rule 5). A finding on a matter not covered by an issue may be set aside unless the parties knew it was in dispute and led evidence on it.

Example

In the suit for eviction, the court framed issues on whether the defendant was a tenant and whether the landlord needed the premises bona fide.

In Indian law

• Order XIV, Code of Civil Procedure, 1908

See also

fact in issue · pleadings · facta probanda · burden of proof

Read more in the study notes

• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)