(1)Issue should be framed on the date fixed for the purpose by the presiding Judge himself after reading the plaint and the written statement and other pleadings, if any, and after such examination of the parties or their pleaders (Order X, Rule 1) as may appear necessary. It may also be necessary to look at the documents produced by either party or ordered to be produced (Order XIV, Rules 1 and 3). Answers to interrogatories, if any, should be pursued [Order XIV, Rule 3 (b)]. Agreed issues should be encouraged but the mere fact that issues are agreed does not absolve the Court from the duty to the consider and settle them. The Court should, however, be slow to interfere with agreed issues.(2)The correct decision of a suit depends to a large extent on the correct determination of the points in controversy and the utmost care and attention is, therefore, needed in ascertaining the real matters-in dispute and in fixing the issues in precise terms. It should be observed that the party is to produce evidence "in support of the issues he is to prove" (Order XVIII, Rules 2 and 3) and that the Court shall state its findings on the issues (Order XX, Rule 5, Civil Procedure Code).
