Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon

Order XIV Rule 1 CPC: Framing of issues

Bare Act text

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 arc 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 and 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 first hearing of the suit the Court shall, after reading the plaint and the written statements if any, and [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

(6) Nothing is this rule requires the Court to frame and record issued where the defendant at the first hearing of the suit makes no defence.

Amendment notes

  1. Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Material propositions are those a plaintiff must allege to show a right to sue or a defendant must allege to constitute his defence, and each one affirmed and denied forms a distinct issue of fact or of law. At the first hearing, after reading the pleadings, examining parties under Order X rule 2 and hearing the parties or pleaders, the Court shall frame and record the issues on which the right decision appears to depend. It need not do so where the defendant makes no defence at the first hearing.

Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon

  1. 1 Framing of issues
  2. 2 Court to pronounce judgment on all issues
  3. 3 Materials from which issues may be framed
  4. 4 Court may examine witnesses or documents before framing issues
  5. 5 Power to amend and strike out, issues
  6. 6 Questions of fact or law may by agreement be stated in form of issues
  7. 7 Court, if satisfied that agreement was executed in good faith, may pronounce judgment
ShareWhatsAppTelegramLinkedInX