Settlement Of Issues And Disposal Of Suit

Introduction The duty of framing issues (i.e. settlement on what issues are to be addressed by the court) during a suit is the primary and important role of the Court. The Judge (who presides the suit) must apply his mind and logic and understand the real facts behind the filing of the suit by the plaintiff before deciding on the issues. Issues are the lifeline and guide for any suit/case and therefore the framing of issues has very important bearing on the trial and decision of a case. Wrongly constructed issues and discovery of a valid issue being left out no doubt affects the outcome of a trial as time, money and legal provisions linger the judgment of a case. The Court also has the power to dispose of a suit if it feels the parties are not in issue or any of parties fails to provide evidence or even judgment may be passed by the court if it feels that there is no other issue to settle and the case can be disposed accordingly. Thus, settlement of issues is really important in determining the subject of debate or the main disagreement between the parties to the suit.

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Part I: Framing & Settlement of Issues (i)

Meaning of Issue:

“Issue” means “a point in question, an important subject of debate, disagreement, discussion, argument or litigation1”. In other words, an issue is that which, which decided in favor of the plaintiff, will in itself give a right to relief, and if decided in favor of the defendant, will in itself be a defense. (ii)

Framing of Issues2:

How does an issue arise: Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. The law further states that material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue (or file a suit) and the defendant must allege in order to constitute his defense3 Subject matter of the issue: Each material proposition affirmed by one party and denied by the other shall form the subject matter of a distinct issue4. Role of the Court on first hearing: At the first hearing, the Court shall, after reading the plaint and written statements, if any, and after such examination of the parties as may appear necessary, ascertain upon what material propositions of fact and law the parties differ upon, and then shall proceed to frame and record issues on which the right decision of the case appears to depend. The determinations in a cause should be should be founded upon a case either to be found in the pleadings or involved in or consistent with the case thereby made5. 1

Concise Oxford Dictionary(1996), p 723, Chamber’s 21st Century Dictionary(1999), p 725 Order 14, Rule 1 of CPC 1908 3 Order 14, Rule 1(2) 4 Order 14, Rule 1(3) 5 Moniruzzaman A.A.M, The Code of Civil Procedure, 1908, pp-389 (11Moo Ind. App.7) 2

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Provisions of Order 14, Rule 1(5), postulate that issues are to be framed at the first hearing of the suit. Date for framing issues is thus date of hearing and not a formal date6. (iii)

Types of Issues:

Rule 1(4) of Order 14 mentions that issues are of 2 broad categories; (i) issues of fact, and (ii) issues of law. Issues however can be (iii) mixed issues of fact and law also. But Rule 2 of Order 14 provides that where issues of both law and facts arise in the same suit, unless the case is disposed of on a primary/preliminary issue, the Court should pronounce judgment on all issues. But if the Court is of the opinion that the case or any pat may be disposed of on an issue of law only; it may try the issue first, if that issue relates to (i) jurisdiction of the court; or (ii) a bar to the suit created by any law for the time being in force. For that purpose, the court may, if it thinks fit, post pone the settlement of other issues until the issues of law have been decided. Materials for framing issues7:

(iv)

The Court has the power to frame issues from all or any of the following materials/ways: (i)

(a) allegations made on oath by the parties, (b) allegations made by any persons present on their behalf, or (c) statements made by pleaders appearing for the parties;

(ii)

Allegations made in the pleadings or in answer to interrogations; and

(iii)

Documents produced by the parties.

This means that apart from those mentioned in the plaint or written statements alone, issues can also be formed by the Court during first hearing through interrogations (of both sides) or even through presentation of documents by the parties to the suit.

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1991 CLC 1766 Order 14, Rule 3

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(v)

Why framing of issues is an integral part of a suit?

Issues are the backbone of a suit. The framing of issues, there fore has very important bearing on the trial and decision of a case. The main reasons are: (i)

it is the issues framed and not the pleadings that guide the parties in the matter of leading evidence8;

(ii)

the Court cannot refuse to decide the point on which an issue has been framed and evidence led by the parties, even if the point involved is not mentioned in the pleadings;

(iii)

the court should not frame an issue which does not arise in the pleadings9;

(iv)

issue must be confined to the material questions of fact or law (facta probanda) and not in subordinate facts or evidence by which material questions of fact or law are either proved is disproved (facta probantia);

(v)

one issue should cover only one fact or law in dispute between the parties10, and

(vi)

if the case does go on appeal, it must be dealt with by the appellate court on the issues settled for the trial11.

Final hearing held in any case without settlement of valid issues will be regarded as unlawful and judgment provided in such cases may be overturned or cancelled12. (vi)

Court’s Power & Duty as to Issues:

Primary duty to frame proper issues arising out of pleadings of parties rests on court (NLR 1885 UC 569). The duty to frame proper issues rests primarily on the Court. The judge must apply his mind and understand the facts of the case before framing issues. But the pleaders appearing for both the parties should also assist the court in framing issues. If proper issues are not framed, the parties may move the court to get the proper issues framed.

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Sita Ram v, Radha Bai, AIR 1968 SC 534 Goppulal v. Dwarkadeshjii, AIR 1969 SC 1291 10 Snow White Food Products v. Sohahlal, AIR 1964 Cal 209 11 Abdul Sami v. Mohd. Noor, AIR 1966 All 39 12 Moniruzzaman A.A. M, The Codes of Civil Procedure 1908 pp-385 (1I 128 PC) 9

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Issues must be specific and clear and not vague and or evasive. The Court may examine witness or inspect documents before framing issues, to amend the issues, to frame additional issues or to strike out issues that may appear to it (the Court) to be wrongly framed. When the parties to the suit agree as to the question of fact or law to be decided between them, they may, by agreement state the same in form of an issue. If the court is satisfied that the agreement is executed in good faith, it may pronounce the judgment on such issue according to the terms of the agreement. (vii)

Omission or inclusion of faulty issues:

Even though it is the duty of the court to frame proper issues, mere omission to frame an issue is not necessarily fatal to the suit. Omission to frame an issue is an irregularity which may or may not be a material one. If such omission affects the disposal of the suit on merits, the suit must be remanded to the trial court for a fresh trial. On the other hand, if the parties went to the trial with full knowledge that a particular point was at issue, they have not been prejudiced and substantial justice has been done, absence of an issue is not fatal to the case so as to vitiate the proceedings13 Where the Court has framed the issues wrongly it is for the party adversely affected to apply to the court to set them right. [PLD 1951 Lah. 113] The same fact is true if an important issue is overlooked by the Court and the defendant/plaintiff requests the court for frame the correct issue14. The framing of issues has been enjoyed on the Courts in order to appraise the Court on what material proposition of fact o law it is to try that and to indicate to the parties as to what is the material proposition and on whom lies the onus ands what sort of evidence is to be adduced to prove the issue and when the onus shifts and what sot of evidence for rebuttal is required. [PLD 1983 Lah. 253}

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Kewal Krishna v. Dina Nath (1992), AIR 1993 SC 881 Dharam v. Narayan, (1993 AIR (Gau) 35

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So, it is imperative that the Court listens carefully and judges impartially after receipt of Plaint and Written Statement and carefully frames the issues through interrogation and inspection of documents (valid to the case). It is the correct issue or issues which drive the case and helps the Court come to a common ground on which it can go for a judgment and subsequent settlement.

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Part II: Disposal of Suit The Court has the power to dispose of a suit at the day of the first hearing due to the following reasons: (i)

Where the parties are not at issue on any question of law or fact

Explanation: Where at the first hearing of a suit, it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment. It may also be the case that the defendant does not deny the allegations made by the plaint, the court may at once pass judgment. There is no need to frame issues15. Again, the Court may dispose of a suit if there is admission by defendant and the plaintiff seeks judgment on that admission16. (ii)

Where there are two or more defendants and any one of them is not at issue with the plaintiff on any question of fact or law

Explanation: Where there is more defendants than one, and any of the defendants is not at issue with the plaintiff on any question of law or of fact, the court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants. (iii)

Parties at Issue

Explanation: Where the parties are at issue on some question of law or fact, and the issue have been framed by the Court (as directed by the law), and if the Court is satisfied that no further argument or evidence is than the parties can at once adduce is required, and they are sufficient to for the decision of the suit and no injustice will result from proceeding with the suit, the court may pronounce judgment accordingly (provided that where the summons has been issued for settlement of issues only, and the parties and their pleaders are present and none of them objects. This rule gives power to the Courts to proceed to determine issues of law subsequent to the issue stage. [AIR 1921 Pat.467] 15 16

AIR 1994 (AP) 301-েেওাািি কারজিিিি, িাশেেি গাঙুলয Judgment on admissions, A. Elahi v. M.M Aziz, 44 DLR 131

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The Court has inherent powers to fix any one of the issues involving questions of law and fact for hearing and decide it as a preliminary issue. [1957 Jab. L.J. 243] (iv)

Failure to produce evidence

Explanation: Where the summons have been issued for final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies. (v)

Admissions made by pleader

Explanation17: If in the time of hearing, the pleader makes certain admissions of facts which are sufficient to dispose of the case, the Court may pronounce judgment18. So, the Court has the above mentioned authorities to dispose of a suit during first hearing if the parties to the suit do not have any issues or subject of conflict between them, or they fail to produce evidence supporting their claims and if the Court feels that it has found the proper issue to try the case and the matter can be disposed of in the first instance in presence of all parties and representatives.

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Kundibai v. Vishinji, AIR 1947 Sind 105: from Civil Procedure, Takwar C.K , pp-201 Rule 6 of Order 12 (Judgment on Admissions)

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References 1. Moniruzzaman, A.A.M, The Code of Civil Procedure, Shams Publications 2. Takwari, C.K, Civil Procedure, 5th Ed. Eastern Book Company 3. িাশেেি গাঙুলী, েেওাািি কারজািিিি, িাংলােেশ ল’ িুক কমািি 4. মহামাে জশি আিল, েেওয়ািি কারজিিিি, মুকা ল’ িুক হাউস

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