How to frame an issue for judgement writing Part 4 – Judiciary Exams

Table of Contents

Framing of Issues

When one party affirms any material proposition of law or fact and the other party denies that, only then the issue arises.
However the fact which is used by the other party to deny the asserted fact will not be the subject matter of issue.

As per Order XIV, rule 1(5) of the Code of Civil Procedure, before framing the issues, it is the duty of the court to:-
Read the plaint and written statement,
To examine the parties under rule 2 of Order X of the Code of Civil Procedure, and-
To hear the parties or their pleaders.
Step 1: Read the pleadings of the plaintiff and defendant thoroughly.
Step 2: Find out that proposition of law or fact which is asserted by the plaintiff or defendant and denied by the defendant or plaintiff respectively.
Step 3: Framing of the issue keeping in mind the rules of the burden of proof. The language of the issues should be positive interrogative.
For example: Correct issue to be framed in this situation is

“whether the defendant has committed the breach of contract?

“The issue which should not be framed: “whether the performance of the contract has become impossible?”

Example

(i) Suit for Specific Performance of Contract, This suit is filed under section 10 of the Specific Relief Act. 1963.
Ideally the issues for this suit should be as follows:
Whether there has been a breach of the contract by the defendant?
Whether plaintiff has been ready and willing to perform his part of contract?
Whether plaintiff is entitled to specific performance of contract?
The issues should be framed in this sequence only because first there will be breach of contract by the defendant and therefore the plaintiff has to prove that first.
After that plaintiff has to prove that he has always been and still is ready and willing to perform his part of contract and then only he will be entitled for the specific performance of contract.
To prove the first issue you should use section 37 of the Indian Contract Act, 1872.
To prove the second issue you should use section 16(c)and to prove the third issue you should use section 10 of the Specific Relief Act.