settlement of issue and first hearing, Slides of Civil procedure

Download settlement of issue and first hearing and more Slides Civil procedure in PDF only on Docsity! SETTLEMENT OF ISSUES AND FIRST HEARING * Order XIV explains about settlement of issues and determination of suit on issues of law or on issues agreed upon Issues - dispute Rule 1 — Framing of issues Issue arise when Material proposition of fact is affirmed by one party and denied by the other party Material proposition — it is the fact or law that the plaintiff uses to claim or defendant uses to defend themselves Each of the alleged issues must be distinct Issues — 2 kinds Issue of fact (no legality) Issue of law (Jusrisdictional issue, law of limitaion, res- judicata, estoppel) At the first hearing, the court has to ascertain whether the parties are at varience (after reading the written statements if any) and give proper decision If the defendant doesn’t defend himself then, the court need not frame issues Rule 2 — Court to pronounce judgement on all issues If issue of both fact and law arise and if the court thinks it can be disposed of only by law then it can try the issue if it relates to — Jurisdiction, Law of limitaion * Order XV explains about Disposal of suit and first hearing Rule 1 — Parties not at issues *At the first hearinf if the partied are not in issue of fact or law then the court may pronounce judgement Rule 2 — One of several defendents not in issue * If one of the defendant is not in issue with plaintiff or question of law