Order XIV Rule 1 CPC: Framing of Issues in Civil Suits
Order XIV Rule 1 of the Code of Civil Procedure, 1908 (CPC) explains when issues arise, how disputed material propositions become issues of fact or law, and the duty of the civil court to frame the questions necessary for deciding a suit.
Order XIV Rule 1 CPC: Framing of Issues
The following explains all six sub-rules of Order XIV Rule 1, while preserving their substantive requirements.
Rule 1(1): When issues arise
Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
Rule 1(2): Meaning of material propositions
Material propositions are propositions of fact or law that a plaintiff must allege to establish a right to sue, or that a defendant must allege to constitute a defence.
Rule 1(3): Separate issue for each disputed proposition
Every material proposition affirmed by one party and denied by the other must form the subject of a distinct issue.
Rule 1(4): Two kinds of issues
Issues are of two kinds: (a) issues of fact and (b) issues of law.
Rule 1(5): Court's duty at the first hearing
At the first hearing of the suit, the court reads the plaint and written statement, if any; conducts the examination contemplated by Order X Rule 2; hears the parties or their pleaders; identifies the material propositions of fact or law on which they disagree; and frames and records the issues on which the proper decision of the case appears to depend.
Rule 1(6): Where the defendant makes no defence
The rule does not require the court to frame and record issues when the defendant makes no defence at the first hearing of the suit.
What is framing of issues under the CPC?
Framing of issues is the judicial process of identifying the real questions in controversy between the plaintiff and defendant. It helps define the scope of the trial, guide the presentation of evidence and focus the court's findings on matters essential to the relief claimed or defence raised.
Not every statement in a pleading becomes an issue. The proposition must be material to the case and genuinely disputed. An admitted fact ordinarily does not require a separate contested issue.
Examples of issues of fact and issues of law
Issue of fact
In a suit for recovery of money, if the plaintiff alleges that the defendant borrowed a specified sum and the defendant denies receiving the loan, an issue may be framed as: Whether the defendant borrowed the amount claimed from the plaintiff?
Issue of law
If the defendant contends that the suit is barred by limitation and the plaintiff disputes that contention, an issue may be framed as: Whether the suit is barred by limitation? Depending on the pleadings, determining this issue may also require findings of fact.
How does the court frame issues?
Under Order XIV Rule 1(5), the court considers the plaint, written statement and examination under Order X Rule 2, and hears the parties or their advocates. It then records distinct questions corresponding to the material disputes. The issues should be clear, specific and relevant to the decision of the suit.
Where the defendant raises no defence at the first hearing, Rule 1(6) dispenses with the requirement to frame issues under this rule. That does not, by itself, dispense with the court's obligation to apply the law governing the relief sought.
Related provisions of Order XIV CPC
Order XIV Rule 2: Generally requires the court to pronounce judgment on all issues, subject to the limited power to try certain issues of law first, concerning jurisdiction or a statutory bar to the suit.
Order XIV Rule 3: Identifies materials from which issues may be framed, including pleadings, statements and documents.
Order XIV Rule 4: Permits examination of persons or documents before framing issues in the circumstances specified by the rule.
Order XIV Rule 5: Empowers the court to amend issues or frame additional issues before passing a decree, and to strike out issues that appear wrongly framed or introduced.
Order XIV Rules 6 and 7: Deal with issues of fact or law stated by agreement of parties and the court's action upon such an agreement.
For the enacted text and amendments, consult the official India Code entry for the Code of Civil Procedure, 1908 and its official consolidated PDF. State amendments, applicable High Court rules and special procedures, including those for commercial disputes, may affect the procedure in a particular case.
Conclusion
Order XIV Rule 1 CPC provides the foundation for identifying the real disputes in a civil suit. Properly framed issues distinguish disputed facts from questions of law, organize the trial and enable a focused adjudication of the parties' rights and liabilities.
Updated: 13 October 2026. This article is general legal information, not advice on any specific dispute.