Write short notes on the following: Framing of Issues.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Write short notes on the following: Framing of Issues.
Answer & Explanation:
Framing of Issues The court shall at first hearing, after reading the plaint and written statement ascertain upon what material propositions of facts or law parties are at variance. Court is required to pronounce judgement on all the issues. Issues may be framed from allegations made on oath by the parties or in answer to interrogatories or from contents of documents produced by either party. If the court is of the opinion that the case or any part thereof may be disposed of on issue of law only, it may first try it, if issue relates to: (i) Jurisdiction of the court, (ii) Bar to the suit created by law for the time being in force. Where the parties are at issue on some question of law or fact and issues have been framed by the court as herein-above provided, if the court is satisfied that no further argument or evidence than what the parties can at once adduce is required upon such of the issues as may be sufficient for decision of the suit and that no injustice will result from proceeding with the suit forthwith, the court may proceed to determine such issues and if the finding thereon is sufficient for the decision, may pronounce judgement accordingly.
Topics: Civil Procedure Code
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