(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 1[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.
Footnotes in the official text
- 1.Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977).