Framing of issues, Disposal (Order XIV, XV)

A landlord in Borivali says his tenant has not paid rent for eight months and must leave. The tenant says he paid every month and the landlord is just looking for a higher-paying tenant. Both agree on one thing: a tenancy exists. So what does the judge actually have to decide? Not everything in the two stories, only the points on which they disagree. The judge writes those points down as issues, and the whole trial is built around them. Order XIV is about framing them, and Order XV about the suits that can be finished without a full trial.

In two minutes

Issues are the material propositions of fact or law that one party affirms and the other denies (O.XIV r.1); the Court frames them at the first hearing, may amend them before decree, and may dispose of the suit at once where the parties are not at issue (O.XV).

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.