(1)In framing issues the Court shall proceed as follows :(a)Every material proposition of fact and every proposition of law which is affirmed by the one side and denied by the other, shall be made the subject of separate issue.(b)Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.(c)Every issue of law shall be so framed as to indicate the precise question of law to be decided.Note. - When the claim or any portion of it is alleged to be barred by any law, the issue shall also state the Act and section or rule or other authority under which it is so barred.(d)When the question is whether a certain section of law applies, the issue should be framed in the words of that section, e.g., if the question is whether a transfer should be set aside under Section 64 of the Provincial Insolvency Act, the issue should not be "Is the transfer bogus and fraudulent?"(e)Issues should be self-contained. An issue "Is the sale liable to be set aside for the reasons stated by the defendant in his written statement, dated..............." is to be avoided.(f)Every issue should form a single question and as far as possible should not be put in an alternative form.(g)No proposition of fact which is not itself a material proposition but is relevant only as tending to prove a material proposition, shall be made the subject of an issue.(h)No question regarding admissibility of evidence shall be made the subject of an issue.(2)When the Court is of opinion that there are issues of law going to the roof of a case, it may raise such issues as preliminary issues before setting further issues and try them first (Order XIV, Rule 2). The provisions of Order XV, Rule 3, should also be applied in suitable cases. Issues regarding valuation of suit and similar issues must be disposed of at a very early stage of the suit without keeping them for trial along with the other issues affecting the merits of the case.
