Issues

It must contain

1. 01A material proposition — one the plaintiff must allege to show a right to sue, or the defendant to make out a defence.
2. 02Affirmation on one side and denial on the other. Where both agree, there is no issue to try.
3. 03Framing at the first hearing, after reading the plaint and written statement and the examination under Order X Rule 2.
4. 04Issues of fact and issues of law recorded separately — Rule 1(4).
5. 05The burden of proof allotted on each issue, so both sides know what they must prove.

Where it fails

• Issues drawn from the evidence rather than the pleadings, which is the wrong source and the wrong order.
• Omnibus issues — 'whether the plaintiff is entitled to the relief claimed' answers nothing on its own.
• Leaving a pleaded defence without an issue, so it never gets tried.