Order 14 MCQ Quiz - Objective Question with Answer for Order 14 - Download Free PDF

The correct answer is Issue of law only

Key Points

• This question is based on Order XIV Rule 2 of the Code of Civil Procedure, 1908, which deals with the pronouncement of judgment on all issues.
• What Order 14 Rule 2 says:
  • Sub-rule (1): The Court shall pronounce judgment on all issues.
  • Sub-rule (2): However, the Court may try an issue of law as a preliminary issue when:
    • The issue relates to the jurisdiction of the court, or
    • A bar to the suit is created by any law for the time being in force (e.g., limitation, res judicata).
• Only pure issues of law (such as jurisdiction or statutory bar to the suit) can be tried as preliminary issues.
• Issues of fact or mixed questions of law and fact cannot be tried as preliminary issues.

The correct answer is 'at any time before passing the decree.'

Key Points

• Order 14 Rule 5 of the Code of Civil Procedure, 1908:
  • This provision grants the court the authority to amend issues or strike out wrongly framed issues during a civil trial.
  • The primary objective is to ensure that the trial proceeds on correct and pertinent issues, thereby avoiding unnecessary complications or delays.
  • The court has the discretion to make such amendments for the sake of justice and proper adjudication of the case.
  • According to this rule, the court can strike out or amend issues at any time before passing the decree, ensuring that the trial focuses on the relevant matters at hand.

Additional Information

• Other Options Explained:
  • Option 1: At any time before commencement of trial: This option is incorrect as it limits the court’s power to strike out issues only before the trial begins, which is not the scope provided by Order 14 Rule 5.
  • Option 2: At any time before conclusion of trial: While closer, this option is still incorrect as it does not encompass the entire period up until the passing of the decree.
  • Option 3: At any time before pronouncing the judgment: This option is also incorrect because the pronouncement of judgment does not necessarily coincide with the passing of the decree, which is the precise moment referred to in the rule.
• Importance of Correctly Framed Issues:
  • Correctly framed issues help in narrowing down the matters in dispute and provide clear directions for the trial.
  • They ensure that the evidence and arguments are focused on relevant points, thereby aiding in a fair and efficient resolution of the case.
  • Misframed or irrelevant issues can lead to confusion, wastage of time, and potential injustice.

The correct answer is option 4.

Key Points

•  Rule 3 of order 14 says Materials from which issues may be framed.—The Court may frame the issues from all or any of the following materials:—
  (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;
  (b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
  (c) the contents of documents produced by either party.

The correct option is Option 2.

Key Points

• Rule 5 of Order 14 of the Civil Procedure Code:-
• Order 14 contains provisions about the settlement of issues and determination of suit on issues of law or issues agreed upon.
• Rule 5 of Order 14 of CPC deals with the power to amend and strike out issues.
• It states that- 
  • The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. 
  • The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.
• The power under Rule 5 is exercisable for the determination of all matters in controversy between the parties.
• So, it is obligatory upon the court of first instance to frame issues as are necessary for determining the real controversy between the parties which may arise based on the pleadings and in case the court refuses to settle a necessary issue, it certainly fails to exercise the jurisdiction vested in it under law.
• Thus, non-framing of additional issues which is necessary results in failure to exercise jurisdiction by the court concerned and as such is revisable.
• The power enshrined in Rule 5 however, is controlled by the provisions of Rule 3 of Order 14 which provides that the court may frame issues from all or any of the materials comprising allegations made in the pleadings or answers to interrogatories, documents produced by the parties, allegations made on oath by the parties or by any person present on their behalf, or statements made by the pleaders appearing for the parties, upon examination of witnesses or inspection of the documents.

The correct answer is option 2

 Key Points ORDER XIV – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

Order 14 Rule 2(2) CPC shows that in such situation as in given in option (2), the Court must postpone the settlement of other issues. The issue to be treated as Preliminary may relate to jurisdiction or ban under the law.

If issues have been settled, Per Order 14 Rule 2(1) the Court is obliged to Pronounce Judgment on all issues.

The correct answer is option 2

 Key Points ORDER XIV – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

Order 14 Rule 2(2) CPC shows that in such situation as in given in option (2), the Court must postpone the settlement of other issues. The issue to be treated as Preliminary may relate to jurisdiction or ban under the law.

If issues have been settled, Per Order 14 Rule 2(1) the Court is obliged to Pronounce Judgment on all issues.

The correct answer is Option 4

Key Points As per Order XIV rule 3, court may frame the issue from all or any of the above points. Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. 

The correct answer is option 2.

 Key PointsOrder 14 Rule 5 of CPC says  POWER TO AMEND AND STRIKE OUT, ISSUES. -The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.

correct answer is before passing the decree.

Key Points

• Order 14 Rule 5 of the Code of Civil Procedure (CPC) relates to the Power to amend and strike out, issues.—
• (1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.
• (2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.

The correct answer is court

Key Points

• Under Order 14 Rule 1 of the Code of Civil Procedure, 1908, issues are framed by the Court after reading the pleadings (plaint and written statement) and examining the documents produced.
• Issues are points of dispute between the parties, either on facts or law, that the court must decide to resolve the case.
• The duty to frame issues lies exclusively with the court, though the parties and their advocates can assist by suggesting what they believe the issues are.
• The court classifies issues as:
  • Issues of fact
  • Issues of law

Additional Information

• Parties – They provide pleadings, but do not frame issues.
• Advocates of the parties – They may assist, but cannot frame issues themselves.
• Representatives of the parties – Also not authorized to frame issues under CPC.

The correct answer is Order XIV Rule 1 

Key Points

• Order XIV Rule 1 of the Code of Civil Procedure, 1908, specifically deals with the framing of issues.
• It mandates the court to frame issues when:
  • Material propositions of fact or law are affirmed by one party and denied by the other.
  • Issues must be framed based on pleadings and documents produced.
• The purpose of framing issues is to clearly identify the points of dispute for proper adjudication.
• Issues are of two types:
  • Issues of law
  • Issues of fact

Additional Information

• Order XVIII Rule 1: Deals with the right to begin in the hearing of the suit, not framing of issues.
• Order XIV Rule 2: Relates to disposal of issues of law first if they can dispose of the suit entirely.
• Order XIV Rule 5: Deals with power to amend and strike out issues, not initial framing.

The correct answer is Issue of law only

Key Points

• This question is based on Order XIV Rule 2 of the Code of Civil Procedure, 1908, which deals with the pronouncement of judgment on all issues.
• What Order 14 Rule 2 says:
  • Sub-rule (1): The Court shall pronounce judgment on all issues.
  • Sub-rule (2): However, the Court may try an issue of law as a preliminary issue when:
    • The issue relates to the jurisdiction of the court, or
    • A bar to the suit is created by any law for the time being in force (e.g., limitation, res judicata).
• Only pure issues of law (such as jurisdiction or statutory bar to the suit) can be tried as preliminary issues.
• Issues of fact or mixed questions of law and fact cannot be tried as preliminary issues.

The correct answer is 'at any time before passing the decree.'

Key Points

• Order 14 Rule 5 of the Code of Civil Procedure, 1908:
  • This provision grants the court the authority to amend issues or strike out wrongly framed issues during a civil trial.
  • The primary objective is to ensure that the trial proceeds on correct and pertinent issues, thereby avoiding unnecessary complications or delays.
  • The court has the discretion to make such amendments for the sake of justice and proper adjudication of the case.
  • According to this rule, the court can strike out or amend issues at any time before passing the decree, ensuring that the trial focuses on the relevant matters at hand.

Additional Information

• Other Options Explained:
  • Option 1: At any time before commencement of trial: This option is incorrect as it limits the court’s power to strike out issues only before the trial begins, which is not the scope provided by Order 14 Rule 5.
  • Option 2: At any time before conclusion of trial: While closer, this option is still incorrect as it does not encompass the entire period up until the passing of the decree.
  • Option 3: At any time before pronouncing the judgment: This option is also incorrect because the pronouncement of judgment does not necessarily coincide with the passing of the decree, which is the precise moment referred to in the rule.
• Importance of Correctly Framed Issues:
  • Correctly framed issues help in narrowing down the matters in dispute and provide clear directions for the trial.
  • They ensure that the evidence and arguments are focused on relevant points, thereby aiding in a fair and efficient resolution of the case.
  • Misframed or irrelevant issues can lead to confusion, wastage of time, and potential injustice.

The correct answer is option 4.

Key Points

•  Rule 3 of order 14 says Materials from which issues may be framed.—The Court may frame the issues from all or any of the following materials:—
  (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;
  (b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
  (c) the contents of documents produced by either party.

The correct option is Option 2.

Key Points

• Rule 5 of Order 14 of the Civil Procedure Code:-
• Order 14 contains provisions about the settlement of issues and determination of suit on issues of law or issues agreed upon.
• Rule 5 of Order 14 of CPC deals with the power to amend and strike out issues.
• It states that- 
  • The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. 
  • The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.
• The power under Rule 5 is exercisable for the determination of all matters in controversy between the parties.
• So, it is obligatory upon the court of first instance to frame issues as are necessary for determining the real controversy between the parties which may arise based on the pleadings and in case the court refuses to settle a necessary issue, it certainly fails to exercise the jurisdiction vested in it under law.
• Thus, non-framing of additional issues which is necessary results in failure to exercise jurisdiction by the court concerned and as such is revisable.
• The power enshrined in Rule 5 however, is controlled by the provisions of Rule 3 of Order 14 which provides that the court may frame issues from all or any of the materials comprising allegations made in the pleadings or answers to interrogatories, documents produced by the parties, allegations made on oath by the parties or by any person present on their behalf, or statements made by the pleaders appearing for the parties, upon examination of witnesses or inspection of the documents.