Rule 1 of CPC : Rule 1: Framing of issues.

Explanation using Example

Example 1:

Case: Dispute over Property Ownership

Scenario: Ravi files a lawsuit against Suresh claiming ownership of a piece of land. Ravi alleges that he inherited the land from his grandfather and has all the necessary documents to prove it. Suresh, on the other hand, denies Ravi's claim and asserts that he purchased the land from a third party and has been in possession of it for the past 10 years.

Application of Rule 1:

1. Material Propositions:

   • Ravi's claim of inheritance and ownership.
   • Suresh's claim of purchase and possession.

2. Issues to be Framed:

   • Issue of Fact: Whether Ravi inherited the land from his grandfather.
   • Issue of Fact: Whether Suresh purchased the land from a third party.
   • Issue of Law: Whether Ravi's claim of inheritance is legally valid.
   • Issue of Law: Whether Suresh's possession of the land for 10 years gives him ownership rights.

3. Court's Action: At the first hearing, the court will read the plaint and written statements, examine the parties, and frame the issues based on the material propositions affirmed by Ravi and denied by Suresh. The court will then proceed to record these issues for the right decision of the case.

Example 2:

Case: Breach of Contract

Scenario: Meera files a lawsuit against Rajesh for breach of contract. Meera claims that Rajesh agreed to deliver 100 units of goods by a certain date but failed to do so. Rajesh denies the breach and argues that the delay was due to unforeseen circumstances beyond his control.

Application of Rule 1:

1. Material Propositions:

   • Meera's claim of breach of contract by Rajesh.
   • Rajesh's defense of unforeseen circumstances causing the delay.

2. Issues to be Framed:

   • Issue of Fact: Whether Rajesh agreed to deliver 100 units of goods by the specified date.
   • Issue of Fact: Whether Rajesh failed to deliver the goods as agreed.
   • Issue of Law: Whether the delay caused by unforeseen circumstances can be considered a valid defense for the breach of contract.

3. Court's Action: At the first hearing, the court will read the plaint and written statements, examine the parties, and frame the issues based on the material propositions affirmed by Meera and denied by Rajesh. The court will then proceed to record these issues for the right decision of the case.