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2018 Supreme(P&H) 1730

ANIL KSHETARPAL
Gurmit Kaur – Appellant
Versus
Joginder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Parminder Singh, Advocate
For the Respondent:Mr. C.B. Goel, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. It has been repeatedly noticed that learned Civil Judges are not framing the issues in accordance with the provision of Order 14 of the Code of Civil Procedure.

2. This Court has time and again requested the Civil Judges to examine the pleadings and thereafter frame appropriate issues. The issues are not to be framed on the basis of the prayer made in the suit. A separate issue is required to be framed on each material proposition affirmed by one party and denied by the other. The issues are of two kinds, issue of fact and issue of law. However, it has been noticed that the learned Civil Judges are not following the mandate of law. Order 14 Rule 1 CPC, which provides for framing of the issues is extracted as under:-

“ORDER XIV-SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

1. Framing of issues— (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.

(2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

(3) Each material prop

















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