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Order XIV Of Civil Procedure Code,1908
«12-May-2025
Introduction
Order XIV of the Code of Civil Procedure, 1908, governs the settlement of issues and determination of suits on issues of law or fact, ensuring that the core disputes between parties are clearly identified and adjudicated efficiently. The framing of issues provides the trial process, focusing judicial inquiry on material points of contention.
What are the Essentials / Elements / Pre-requisites ?
- Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other (Order XIV Rule 1(1))
- Material propositions are those necessary for the plaintiff’s right to sue or the defendant’s defense (Order XIV Rule 1(2))
- Each such proposition forms a distinct issue (Order XIV Rule 1(3))
- Issues are classified as issues of fact or issues of law (Order XIV Rule 1(4))
- The court frames issues after reviewing pleadings, documents, and hearing parties at the first hearing (Order XIV Rule 1(5))
What Are the Provisions and Procedures Under Order XIV of the Code of Civil Procedure, 1908?
|
Provision/Procedure |
Rule Number |
Specification/Criteria |
|
Framing of Issues |
Order XIV Rule 1 |
Based on material propositions affirmed and denied; classified into fact and law; framed at first hearing after pleadings and examination |
|
Pronouncement on All Issues |
Order XIV Rule 2 |
Court must pronounce judgment on all issues, unless a preliminary issue of law (jurisdiction or statutory bar) disposes of the case |
|
Materials for Framing Issues |
Order XIV Rule 3 |
Issues may be framed from allegations on oath, pleadings, answers to interrogatories, or documents produced |
|
Examination Before Framing Issues |
Order XIV Rule 4 |
Court may adjourn issue framing and compel attendance or production of documents if necessary |
|
Amendment/Striking Out Issues |
Order XIV Rule 5 |
Court may amend, add, or strike out issues at any time before decree |
|
Agreed Issues |
Order XIV Rule 6 |
Parties may agree in writing to state questions of fact or law as issues |
|
Judgment on Agreed Issues |
Order XIV Rule 7 |
If agreement is bona fide, court may pronounce judgment accordingly |
What are the Other Important Points for Order XIV ?
- Proper framing of issues ensures a focused and fair trial, preventing unnecessary evidence and arguments.
- The court retains discretion to amend or strike out issues to ensure substantive justice (Order XIV Rule 5).
- Agreed issues allow parties to expedite the trial by narrowing the scope of dispute (Order XIV Rules 6 & 7).
Conclusion
Order XIV CPC is fundamental for clarifying the real disputes between parties by mandating the framing of precise issues based on pleadings and evidence. Adherence to its rules ensures a fair, efficient, and focused trial, with the judiciary empowered to amend issues as justice demands.