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State of Himachal Pradesh - Section

Section 35 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh

35.

When the pleadings have thus been exhausted and the Court has before it the plaint, pleas, written, statements, admissions and denials recorded under Order X, rule 1 examination of parties recorded under Order X, rule 2 and admissions of facts or documents made under Order XII of the Code, it will be in a position to frame correctly the issues upon the points actually in dispute between the parties. Each issue should state in interrogative form one point in dispute. Every issue should, form a single question and as far as possible issues should not be put in alternative form. In other words each issue should contain a definite proposition of facts or law which one party avers and the other denies. An issue in the form, so often seen of a group of confused questions is no issue at all and is productive of nothing but confusion at the trial. A double or alternative issue generally indicates that the Court does not see clearly on which side or in what manner the true issue arises and on whom the burden of proof should lie, and an issue in general terms such as "Is the plaintiff entitled to a decree" is meaningless. If there are more defendants than one who make separate answers to the claim, the Court should note against each issue the defendant or defendants between whom and the plaintiff the issue arises.