Rule 5 of CPC : Rule 5: Court to state its decision on each issue.

Explanation using Example

Example 1:

Case: Property Dispute between Siblings

Scenario: Ramesh and Suresh are brothers who are in a legal dispute over the ownership of a piece of ancestral property. The court has framed several issues to be resolved, such as:

1. Whether the property was legally transferred to Ramesh by their father.
2. Whether Suresh has any legal claim to the property.
3. Whether the property division was done according to the family agreement.

Application of Rule 5: The court will examine each of these issues separately. For instance:

• On the first issue, the court may find that the property was legally transferred to Ramesh based on the evidence presented.
• On the second issue, the court may determine that Suresh does not have a legal claim to the property.
• On the third issue, the court may find that the property division was not done according to the family agreement.

The court will provide its decision and the reasons for each issue. If the finding on the first issue (legal transfer to Ramesh) is sufficient to decide the case, the court may not need to address the other issues in detail.

Example 2:

Case: Breach of Contract

Scenario: A company, ABC Pvt. Ltd., has sued a contractor, Mr. Sharma, for breach of contract. The issues framed by the court include:

1. Whether there was a valid contract between ABC Pvt. Ltd. and Mr. Sharma.
2. Whether Mr. Sharma breached the terms of the contract.
3. Whether ABC Pvt. Ltd. suffered any damages due to the breach.
4. The amount of compensation, if any, that ABC Pvt. Ltd. is entitled to.

Application of Rule 5: The court will address each issue separately:

• On the first issue, the court may find that there was indeed a valid contract between the parties.
• On the second issue, the court may determine that Mr. Sharma breached the terms of the contract by not completing the work on time.
• On the third issue, the court may find that ABC Pvt. Ltd. suffered financial losses due to the delay.
• On the fourth issue, the court may decide the amount of compensation based on the evidence of damages provided by ABC Pvt. Ltd.

The court will state its findings and reasons for each issue. If the finding on the second issue (breach of contract) is sufficient to decide the case, the court may not need to elaborate on the other issues.