What Are “Issues” in a Civil Suit?
In civil litigation, an issue is a specific question of fact or law that arises from the pleadings (plaint and written statement), which must be decided by the court to resolve the case.
Order XIV CPC governs the settlement and framing of issues.
Definition: Issue (Order XIV Rule 1)
An issue arises when one party asserts a fact and the other party denies it.
Types of Issues
| Type of Issue | Description |
|---|---|
| Issues of Fact | Relate to events or conduct (e.g., whether a document was signed) |
| Issues of Law | Relate to legal interpretation (e.g., whether a contract is enforceable) |
A suit may involve purely factual issues, purely legal issues, or a mixture of both.
Object of Framing Issues
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To narrow down the dispute
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To identify relevant questions to be tried
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To avoid wasting time on irrelevant facts
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To guide the collection of evidence
When Are Issues Framed?
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After the pleadings are complete
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After the first hearing of the suit
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When the court has sufficient material (including documents, admissions, oral statements)
Who Frames the Issues?
The judge frames issues based on:
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Pleadings (plaint + written statement)
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Documents submitted
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Admissions and oral examination under Order X
Procedure: Order XIV CPC
Rule 1: Settlement of Issues
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Court shall frame material propositions of fact or law.
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Issues must be clear, concise, and specific.
Rule 2: Disposal of Issues
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Legal issues that may dispose of the suit without recording evidence should be decided first (e.g., limitation, jurisdiction).
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Factual issues are decided after recording evidence.
Example
A files a suit for recovery of ₹1 lakh from B.
| Plaintiff’s Claim | Defendant’s Response | Issue Framed |
|---|---|---|
| B borrowed ₹1 lakh and didn’t repay | B denies borrowing any money | Whether B borrowed ₹1 lakh from A |
| B signed a promissory note | B says signature is forged | Whether the promissory note is genuine |
| Suit is within limitation | B says it’s barred by limitation | Whether the suit is barred by limitation |
Importance of Framing Proper Issues
✔ Helps in determining the scope of trial
✔ Directs parties on what evidence to produce
✔ Prevents surprise tactics during trial
✔ Leads to efficient and fair adjudication