Mr. Anil Kshetarpal, J. (Oral) :- It has been noticed that the trial Courts have been framing issues only on the basis of various prayers made in the suit. Such practice is not in consonance with the provisions of the Code of Civil Procedure. Order 14 Rule 1 of Code of Civil Procedure provides that each material proposition of fact and law asserted by one party and denied by the other must give rise to a separate issue. Reference in this regard can be made to the Order 14 Rule 1 of Code of Civil Procedure. Order 14 Rule 1 of Code of Civil Procedure reads as under:-

“ORDER XIVSETTLEMENT 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 proposition affirmed by one party denied by the other shall form the subject of distinct issue.

(4) Issues are of two kinds :

(a) issues of fact, \

(b) issues of law.

(5) At the