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Report No. 77

5.11. Regarding framing of issues, the Law Commission in that report stated1:

"The court is undoubtedly entitled to invite the advocates of the parties of state the points on which the parties are at issue. But the framing of proper issues is the responsibility of the court. The issue constitute the points of dispute on which the parties go to trial and give notice to the parties of the matters on which they have to adduce evidence or expound the law.

Unless, therefore, the issues are complete and precise, the trial cannot come to a satisfactory conclusion. If issues do not reflect the real points in dispute, advantage is likely to be taken of these defects at a subsequent stage or in appeal. Delay and injustice will often result by the omission of the first court to deal with and decide the real points in dispute.

1. Fourteenth Report, Vol.1.

Delay and Arrears in Trial Courts Back

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