FRAMING OF ISSUES
Framing of issues is a very important stage of a civil trial. It is imperative for
a judge to critically examine the pleadings of the parties before framing of issues.
Rule 2 of Order X CPC enables the Court, in its search for the truth, to go to the core of the matter and narrow down, or even eliminate the controversy.
Rule 2 of Order X reads as under:-
Oral examination of party, or companion of party. – (1) At the first hearing of the suit, the Court –
(a) shall, with a view to elucidating matters in controversy in the suit, examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and
(b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied”.
It is a useful procedural device and must be regularly pressed into service.
As per Rule 2 (3) of Order X CPC, the Court may if it thinks fit, put in the course of such examination questions suggested by either party.
Rule 2 (3) of Order X CPC reads as under:-
“The Court may, if it thinks fit, put in the course of an examination under this rule questions suggested by either party.”
If issues are properly framed, the controversy in the case can be clearly
focused and documents can be properly appreciated in that light. The relevant evidence can also be carefully examined. Careful framing of issues also helps in proper examination and cross-examination of witnesses and final arguments in the case.
CIRCULAR IN ROC No.558/SO/2006 Dated 14-6-2006
11) On the direction given in Maddala Sai Lakshmi Vs. Medisetti Lakshmi Narasamma and Ors.
(2006(3) ALT 708) the Hon’ble High court issued
the circular to the subordinate courts for framing of issues properly as under:
“Before parting, we are very often coming across a situation where it is noticed that the issues as framed at the inception are not correctly representing the dispute in between the parties. We are conscious of the fact that immediately after filing any written statement, no serious attention is being paid by either side in the court below nor due assistance is given at the time of framing the issues. No draft issues are being filed at that stage. No attempt is made to point out whether the issues as framed are proper at the stage of commencement of trial. It is only after proceeding with the trail or may be at a later stage, including arguments stage. It is noticed that the issues are not properly framed and it requires re-framing. this is a clear instance where the court below totally lost sight of the core dispute , which arises between the parties, in regard to the adoptions as set up by them in their respective pleadings and yet, we do not find any issue framed thereon. To avoid such lapses or late realization, in every case, before commencement of trial a specific date has to be posted for hearing both the sides once against on the issues, to see if they have been properly framed or needs any re- framing and it is only after such exercise is done, the trial should be allowed to commence and proceeded with. even at the hearing, both the side as can be called upon to file any draft issues for warranting re-framing. This exercise ultimately can safely avoid orders of remand by Appellate Courts, as is being done in this case”
The Hon’ble High court by the above circular instructed all the subordinate courts to follow the said directions scrupulously…