In a civil suit, issues are framed under Order XIV of the CPC by identifying each material proposition of fact or law that one party affirms and the other denies, and stating each as a separate question; the judgment is then written under Order XX by recording a concise statement of the case, the points for determination, the finding on each issue with reasons, and the relief. For a mains answer, the issues are the spine of the judgment: if they are framed well, the judgment almost writes itself, and if they are framed badly, no amount of reasoning recovers the marks. This guide works through both steps on a single set of pleadings.
What does Order XIV say about framing issues?
Order XIV tells the court when issues arise, what they are made from and when they can be changed. Order XIV Rule 1 is the core:
- issues arise when a material proposition of fact or law is affirmed by one party and denied by the other;
- material propositions are those the plaintiff must allege to show a right to sue, or the defendant must allege to constitute a defence;
- each material proposition affirmed by one party and denied by the other forms a distinct issue;
- issues are of two kinds, issues of fact and issues of law;
- at the first hearing, after reading the pleadings, examining the parties under Order X Rule 2 and hearing them, the court ascertains where the parties are at variance and frames the issues on which the right decision appears to depend.
The other rules fill in the procedure. Rule 3 lets the court frame issues from allegations on oath, the pleadings, answers to interrogatories and documents produced. Rule 4 allows the court to adjourn framing for not more than seven days to examine a person or document. Rule 5 lets the court amend, add or strike out issues at any time before the decree.
| Rule | What it does |
|---|---|
| Order XIV Rule 1 | When issues arise; fact and law; framed at first hearing |
| Order XIV Rule 2 | Judgment on all issues; preliminary issue of law on jurisdiction or bar to suit |
| Order XIV Rule 3 | Materials from which issues may be framed |
| Order XIV Rule 4 | Adjournment to examine a witness or document before framing |
| Order XIV Rule 5 | Amending, adding or striking out issues before decree |
How do you turn pleadings into issues?
Turn pleadings into issues by reading the plaint and written statement paragraph by paragraph and sorting every allegation into admitted, denied or not dealt with. Only the denied material allegations become issues. Follow these steps in an exam:
- List the plaintiff's material propositions. Everything the plaintiff must prove to get the relief claimed.
- Mark the defendant's response to each. Admitted, specifically denied, or not denied. Under Order VIII Rule 5, an allegation not denied specifically or by necessary implication, or stated to be not admitted, is taken as admitted, except against a person under disability.
- List the defendant's own material propositions. Special pleas such as limitation, fraud, lack of jurisdiction, bar of the suit or improper valuation.
- Frame one issue for each disputed proposition. Use neutral language that begins with "Whether".
- Mark the burden. In many trial courts, each issue ends with "OPP" (onus on plaintiff) or "OPD" (onus on defendant). The burden follows section 105 of the BSA (formerly Evidence Act section 102): it lies on the party who would fail if no evidence were given on either side.
- Add the relief issue last. "Relief" or "To what relief is the plaintiff entitled?" is the conventional final issue.
Admitted facts do not need issues, and where the parties are not at issue on any question of law or fact, Order XV Rule 1 allows the court to pronounce judgment at once. Where admissions cover part of the claim, Order XII Rule 6 permits judgment on admissions.
What do well-framed issues look like on real pleadings?
Well-framed issues are specific, neutral, tied to the pleadings and allocated to a party. Take a set of pleadings that commonly appears in exam papers.
Suppose the plaintiff, P, pleads that on a stated date the defendant, D, agreed to sell him a house for a fixed price, received earnest money, and later refused to execute the sale deed although P was always ready and willing to pay the balance. P seeks specific performance or, in the alternative, refund of the earnest money with interest. D admits signing the document but says it was executed only as security for a loan, denies that P was ready and willing, pleads that the suit is time-barred, and objects that the suit is undervalued.
The issues would be framed as follows:
- Whether the defendant executed the agreement to sell dated ____ in favour of the plaintiff for sale of the suit property for ₹____ and received ₹____ as earnest money? OPP
- Whether the said document was executed only as security for a loan, as alleged by the defendant? OPD
- Whether the plaintiff has always been ready and willing to perform his part of the agreement? OPP
- Whether the suit is barred by limitation? OPD
- Whether the suit is not properly valued for the purposes of court fee and jurisdiction? OPD
- Whether the plaintiff is entitled to a decree of specific performance, or in the alternative to refund of the earnest money with interest? OPP
- Relief.
Issue 3 comes from section 16(c) of the Specific Relief Act, which bars specific performance in favour of a plaintiff who fails to prove that he has performed or has always been ready and willing to perform his essential obligations. A candidate who knows the substantive law frames this issue even if the written statement denies readiness only in a single line.
Which issues can be decided first?
Order XIV Rule 2 requires the court to pronounce judgment on all issues, even where the case could be disposed of on a preliminary issue. The exception is narrow: where issues of law and fact both arise and the case can be disposed of on an issue of law alone, the court may try that issue first only if it relates to jurisdiction or to a bar to the suit created by law. Limitation can qualify, but only where it turns on admitted facts. In the example above, limitation depends on when D refused performance, which is disputed, so it is not a pure question of law and should be tried with the rest.
What are the common mistakes in framing issues?
Issue-framing errors are predictable and examiners look for them.
- Framing issues on admitted facts. If D admits the signature, the issue is not "whether D signed", but whether the document is an agreement to sell.
- Rolled-up issues. "Whether the plaintiff is entitled to specific performance as the agreement was valid and he was ready and willing" hides three questions in one.
- Issues of evidence. "Whether the receipt dated ____ is genuine" is usually a matter of proof under a broader issue, not an issue in itself.
- Leading or loaded wording. "Whether the defendant fraudulently refused" assumes the answer.
- Missing the special pleas. Limitation, valuation, jurisdiction and statutory bars raised in the written statement each need their own issue.
- No burden marking, where the question asks for it or where the paper's practice expects it.
Courts have also held that failure to frame an issue is not always fatal. In Nedunuri Kameswaramma v Sampati Subba Rao, decided by the Supreme Court in 1962, the absence of a specific issue did not vitiate the trial because the parties knew the real point in controversy and led evidence on it. That is a rescue for appeals, not a licence for careless framing.
Where pleadings are amended under Order VI Rule 17, the issues usually need to be amended too under Order XIV Rule 5. The practical form of such an application for amendment of pleadings shows how the new averments that later generate fresh issues are set out.
What must a civil judgment contain under Order XX?
A civil judgment must contain a concise statement of the case, the points for determination, the decision on them and the reasons for the decision, as Order XX Rule 4(2) requires for courts other than Courts of Small Causes. Order XX Rule 5 adds that where issues have been framed, the court must state its finding or decision, with reasons, on each separate issue, unless the finding on one or more issues is sufficient to decide the suit.
Section 33 links the two documents: after hearing, the court pronounces judgment, and a decree follows. Order XX Rule 6 requires the decree to agree with the judgment and to state the suit number, the parties, the particulars of the claim, the relief granted and the costs. Order XX Rule 1 requires every endeavour to pronounce a reserved judgment within thirty days of the close of hearing, and ordinarily not beyond sixty days.
How should a judgment be structured in a mains answer?
A judgment in a mains answer should follow the order of adjudication, so that each part leads to the next. This structure works for most civil suits:
| Part | Content |
|---|---|
| Heading | Court, suit number, parties with description, date of institution, date of decision |
| Introduction | One or two sentences on the nature of the suit and the reliefs claimed |
| Plaintiff's case | The material facts pleaded, in brief |
| Defendant's case | The defence and special pleas, in brief |
| Issues | The issues as framed, with the date of framing |
| Evidence | Witnesses examined (PW and DW) and documents exhibited, listed briefly |
| Findings | Issue by issue: burden, evidence, law, finding, with reasons |
| Relief | Final order, in operative terms, with costs |
| Signature | Pronounced in open court, signed and dated |
The findings section carries most of the marks. For each issue, state who bears the burden, summarise the relevant evidence, apply the law and record a clear finding: "Issue No. 3 is decided in favour of the plaintiff and against the defendant." Take issues in a logical order, not necessarily their numerical order; it is common to decide the validity of the agreement before readiness and willingness, and limitation after the facts on which it depends.
In the example, the operative part might decree specific performance, direct D to execute a sale deed within a fixed period on receipt of the balance, provide that the court will execute it if D fails, and award costs. The guide on what separates a strong judgment-writing answer deals with the quality of reasoning; the structure above is about where each piece goes.
How are issues and judgments tested in judiciary exams?
Issue framing and judgment writing are tested as practical questions in the civil law paper, typically on a set of pleadings or a fact summary. The Uttar Pradesh rules, for instance, say the procedure paper will relate mainly to practical matters such as the framing of charges and issues, the methods of dealing with the evidence of witnesses and the writing of judgments, and the Rajasthan civil paper includes order and judgment writing.
Expect three formats: frame issues on given pleadings; write a judgment on given pleadings and a summary of evidence; or both together. In the combined format, budget time carefully, because an unfinished judgment loses the relief and costs part entirely. The post on time management for a three-hour mains paper helps with that split. Reading recent appellate judgments, for instance through the Legal Firms index of High Court and Supreme Court judgments, also shows how appellate courts restate the trial court's issues before deciding them.
Key points to remember
- Issues arise only on material propositions affirmed by one party and denied by the other (Order XIV Rule 1).
- Frame one distinct, neutral "Whether" issue for each disputed proposition, and mark the burden.
- Burden lies on the party who would fail if no evidence were given (BSA section 105).
- Only issues of jurisdiction or statutory bar may be tried first as preliminary issues, and judgment must still cover all issues.
- A judgment must contain a concise statement of the case, points for determination, decisions and reasons (Order XX Rule 4).
- Give a finding with reasons on each issue (Order XX Rule 5), and make the decree agree with the judgment.
- Draft the operative part precisely: relief, time for compliance and costs.
Where to go next
Read Rules 1 to 5 of Order XIV and Rules 1 to 6A of Order XX in full in the bare act, then test the procedure in the CPC mock tests. For feedback on a full practice judgment, the Mentors section is where you can ask for a one-to-one session with a retired judge, a judicial officer or a practising advocate.