Civil Procedure Code, 1908 | Order XIV

Order XIV Rule 3 CPC - Materials from Which Issues May Be Framed

Order XIV Rule 3 of the Code of Civil Procedure, 1908 identifies the materials a civil court may consider when framing the questions of fact and law that must be decided in a suit.

Text of Order XIV Rule 3 CPC

Materials from which issues may be framed. The Court may frame the issues from all or any of the following materials:-

(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;

(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;

(c) the contents of documents produced by either party.

Meaning and purpose of Rule 3

An issue is a specific material question of fact or law requiring determination because one party affirms a proposition and the other denies it. Under Order XIV Rule 1, the court identifies disputed material propositions and records distinct issues. Rule 3 explains which sources the court may consult in carrying out that exercise.

The words "all or any" mean that the court is not required to use every category of material in every case. It may rely on the relevant material available in the particular suit. Framing issues identifies what must be tried; it does not, by itself, decide whether a disputed allegation has been proved.

Three sources for framing issues

1. Allegations on oath and statements through pleaders - clause (a)

The court may consider allegations made on oath by parties or persons present on their behalf, as well as allegations made by their pleaders. Such statements can clarify what is actually admitted or disputed, especially where the written pleadings do not fully reveal the controversy.

2. Pleadings and answers to interrogatories - clause (b)

Pleadings ordinarily mean the plaint and written statement (see Order VI Rule 1). Interrogatories are written questions permitted in discovery proceedings under Order XI, subject to applicable procedural rules. The answers may reveal admissions, denials and contested facts relevant to framing issues.

3. Documents produced by either party - clause (c)

The court may examine the contents of documents produced by either side, such as agreements, correspondence, notices, receipts or property records, to identify material points of disagreement. The mere use of a document for framing an issue does not establish its authenticity, admissibility or evidentiary weight.

Practical example

In a suit for recovery of money, the plaintiff alleges that a loan was advanced and remains unpaid. The defendant denies the loan and asserts that a document relied upon by the plaintiff is not genuine. The court may examine the plaint, written statement, relevant statements and produced documents, then frame issues concerning the loan transaction, repayment liability and disputed document, as appropriate to the pleadings.

Order XIV Rule 2 ordinarily requires judgment on all issues, subject to its limited provision for trying certain legal issues first. Order XIV Rule 4 permits examination of persons or documents before framing issues in specified circumstances. Order XIV Rule 5 allows the court to amend, add or strike out issues in accordance with that rule.

For the authoritative central legislation, consult the Code of Civil Procedure, 1908 on India Code. State amendments, High Court rules and special procedures may affect particular proceedings.

Key takeaway

Order XIV Rule 3 enables the court to frame issues using relevant allegations, pleadings, interrogatory answers and documents. Its purpose is to define the real matters in controversy so the trial remains focused on questions that affect the decision.

Legal information for general reference. Consult the current statutory text and applicable court rules for a specific case.