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Issues shall be framed at the first hearing of the suit by

Question and options

Issues shall be framed at the first hearing of the suit by
  1. the parties by mutual consent
  2. the plaintiff
  3. the court
  4. the court with the consent of both the parties i.e. plaintiff and the defendant

Answer and explanation

Correct answer: C - the court
Under Order XIV, rule 1 of the Code of Civil Procedure, 1908, the court frames the issues at the first hearing of the suit, after reading the plaint and written statement and, if needed, examining the parties. Issues arise where a material proposition of fact or law is affirmed by one party and denied by the other, but the duty to frame them lies on the court, not on the parties or their consent.

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