How to Frame an Issue – Give Gxample (complete information)

Example Case No. 1

The plaintiff is one of the three partners of a firm. He contends that it is a partnership firm dissolvable at will. On the ground that the first defendant/Managing partner failed to rendering account, the plaintiff seeks for the dissolution of the firm and for account.

The first defendant contended that it is the plaintiff who is the Managing partner, and the partnership stood dissolved three months prior to the date of suit, at the behest of the first defendant. He also contended that share of the plaintiff was only ten percent as against the contention of the plaintiff that the plaintiff and defendants one and two have equal shares.

The second defendant filed a written statement admitting suit claim.

ISSUES TO BE FRAMED:

1. What is the date of dissolution of firm?

2. What are the shares of the plaintiff and defendants?

3. Who is the Managing Partner of the firm and liable to redition of accounts?

4. Whether the plaintiff is entitled to the decree, as prayed for? and

5. To what relief? OR

In the above illustration suppose the second defendant contended that there are no properties of the firm, the following additional issue arises as issue No. 4

4. What are the properties of the firm?

5. Whether the plaintiff is entitled to the decree as prayed for? and

6. To what relief?

Example Case No. 2

The plaintiff contended that there was a contract between him and the defendant entered at Vijayawada and that the defendant committed breach of the contract. Plaintiff claim for specific performance.

The defendant contended that the contract enforceable only at Hyderabad. He also contended that the contract was void actuated by fraud played by the plaintiff. The defendant also claims that the plaintiff cannot claim specific performance and the plaintiff may at best claims damages.

ISSUES SO TO BE FRAMED:

1. Whether the suit is maintainable? (On the ground of territorial jurisdiction)

2. Whether the suit contract is hit by fraud and unenforceable?

3. Whether the plaintiff is entitled to specific performance as prayed for? and

4. To what relief?

Example Case No. 3:

The plaintiff files a money suit claiming recovery of Rs. 10,000/- together with interest from the defendant on the ground that the defendant borrowed the same on the foot of a pronote.

The defendant contends that he never borrowed money from the plaintiff and the suit pronote is a forgery. He also claims that he is a small farmer under Act 45 of 1987 and the debt is deemed to have been discharged.

ISSUES TO BE FRAMED;

1. Whether the suit pronote is true, valid and binding on the defendant?

2. Whether the defendant is a small farmer within Act 45 of 1987?

3. Whether plaintiff is entitled to the decree, as prayed for? and

4. To what relief?

In illustration of the case No. 5 supra suppose the defendant pleaded that he executed the pronote but only Rs. 5,000/- was given to him under it.

Instead of framing an issue whether the suit pronote is true, valid and binding on the defendant the first issue should be one..Whether the suit pronote is “not” supported by consideration to a tune of Rs. 5,000/- .

The other issues should be same as mentioned in illustration case No.5.

Example Case No. 4:

A suit is brought by the plaintiff alleging that he was born on 1-1-1960 and that his date of birth was wrongly noted as 1-1-1958 in school records. He seeks for a declaration regarding his real date of birth and also a mandatory injunction for rectification of the date of birth in office record. He claimed for service rectification.

The defendant employer put the plaintiff to strict proof and contended that altered date of birth cannot be entered in service register.

ISSUES SO TO BE FRAMED:

1. Whether date of birth of the plaintiff is 1-1-1960?

2. Whether suit is within time?

3. Whether plaintiff is entitled to the declaration as prayed for?

4. Whether the plaintiff is entitled to the mandatory injunction as prayed for?

5. Whether the plaintiff is entitled for entering the altered date of birth in the service records? and

6. To what relief?

Example Case No. 5:

The plaintiff, claiming title to the plaint schedule property, filed a suit for injunction (without relief of declaration) on the ground that the defendant has been interfering with his possession. The defendant denied interfering with the possession of the plaintiff. The defendant also contended that the title to the property vests in a third person, implying that the plaintiff is a trespasser.

ISSUES SO TO BE FRAMED:

1. Whether the defendant has been interfering with the peaceful possession and enjoyment of the plaintiff over plaint schedule properties?

2. Whether the plaintiff is entitled to the perpetual injunction, as prayed for? and

3. To what relief? OR

In illustration case no. 7 suppose the plaintiff sought for a declaration of his title and the defendant denied it, the first issue will be

1. Whether the plaintiff is the title holder of the plaint schedule properties?

2. Whether the defendant has been interfering with the peaceful possession and enjoyment of the plaintiff over the plaint schedule properties?

3. Whether the plaintiff is entitled to the perpetual injunction, as prayed for?

4. Whether the plaintiff is entitled to the declaration of his title to the schedule properties, as prayed for? and

5. To what relief?

Example Case No. 6

“A” laid a suit stating in his plaint that B constructed a building on his site. A pleads the court for mandatory injunction. However “B” denies that he had made any construction in the suit site.

ISSUES SO TO BE FRAMED:

1. Whether A is entitled to mandatory injunction as prayed for? and

2. To what relief?

Example Case No. 7:

“A” laid a suit for mandatory injunction on the ground that “B” made construction in his site. B in this particular suit claims that he is the owner of the disputed site, so he has the liberty to construct any building in said site. In this suit the issues shall be as follows:

1. Whether the site belongs to A?

2. Whether the plaintiff is entitled to mandatory injunction as prayed for? and

3. to what relief?

Example Case No. 8:

A Muslim wife claimed divorce from her husband stating that he had treated her cruelly and deserted her. She also claimed maintenance for herself and her son and to her daughter. Husband refused to pay maintenance to any one of them on the ground that the wife and children deserted him and that he is ready to maintain them if they joined him. Then the issues shall be:

1. Whether the defendant deserted the plaintiff?

2. Whether the defendant treated the plaintiff cruelly?

3. Whether the plaintiff is entitled to the decree of divorce?

4. Whether the plaintiff and her children are entitle to maintenance from the defendant and

5. To what relief? OR

In the same case suppose the husband claimed that she had already divorced his wife by pronouncing talaq and that he had sent notice of divorce to the plaintiff together with “Mehr” amount and iddat amount.

The plaintiff claimed through rejoinder that the defendant did not divorce her, that she never received notice of divorce and that the defendant did not pay the mehr and maintenance during iddat period. Then the issues shall be:

1. Whether the alleged divorce of the plaintiff by the defendant is true? Or alternatively whether the plaintiff is entitled to the decree of divorce?

2. Whether the defendant deserted the plaintiff?

3. Whether the defendant treated the plaintiff cruelly?

4. Whether the plaintiff is entitled to mehr and maintenance of iddat period from the defendant?

5. Whether the plaintiff and her children are entitled to maintenance from the defendant? and

6. To what relief?