Section 27 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
27. Necessity of framing correct issues.
- The trial of a suit falls into two broad divisions, the first part leading upto and including the framing of issues and the second, consisting of the hearing of the evidence produced by the party on those issues and the decision thereof. Issues are material propositions of facts and law which are in controversy between the parties and the correct decision of a suit naturally depends upon the correct determination of these propositions. The utmost care and attention is, therefore, needed in ascertaining the matter in dispute between parties and in fixing the issues in precise terms. In most cases, the main difficulty of the trial is overcome when the correct issues are framed. A few hours spent by the Court at the outset in studying and elucidating the pleadings may mean a saving of several days, if not weeks in the later stages of trial. In some courts, the framing of issues is left to the pleaders of the parties concerned. This practice is illegal and must cease.In suits brought under the Himachal Pradesh Tenancy & Land Reforms Act, 1972 considerable reliance has to be placed on the revenue records and the failure of the Court to scrutinize the entries recorded in the latest Jamabandi and the Khasra Girdwari of the harvest concerned (excerpts of which are produced with the plaints) often leads to the framing of wrong issues or to laying the burden of proof on the wrong party. Such mistakes subsequently cause unnecessary delay in the disposal of cases and financial loss to the parties. It is, therefore, of great importance that entries recorded in the column of ownership and cultivation of the revenue records should be carefully examined before framing the issues and allowing the burden of proof.
