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Issues, Burden of Proof and amendment of Issues

  

INTRODUCTION:-

Issues are points of contest between the parties in a suit. In other words issues are those points raised from the pleading which is a way for the court for entertaining a case and it brings the court at the right conclusion of justice. The determination of issues has great importance in the trial of a case, because it is issues and not the pleadings, which indicates the appropriate evidence to be given. Pleadings constitutes allegations to one-side or the other, and after determination which of the allegations are material for the purpose of the trial and which of them are admitted or denied, issues are framed and on the basis of these issues the parties stand the test of the trial.

OBJECT / PURPOSE OF FRAMING OF ISSUES:-

The object of framing of issues is for the purpose of apprising the parties of the points on which they are expected to lead evidence and to avoid any prejudice being caused to either side due to absence of material issues.[1]

  KINDS OF ISSUES:-

According to Order 14 Rule 1(4) there are two kinds of issues:

·        Issues of Facts

·        Issues of Law

ISSUES OF FACT:

Issue of fact means any issue, which has not been determined, by a rule of law, but is to be answered, in accordance with the evidence laid before the court.

ISSUES OF LAW:

Issue of law means that issue, which is to be answered in accordance with the law and not in accordance with the facts or evidences that is laid before the court.

  IN CASE OF ISSUES BOTH OF LAW AND FACT ARISE IN THE SAME SUIT:-

According to order 14 rule 2, " where issues both of law and fact arise in the same suit, and the court is of the opinion, that the case or any part thereof may be disposed of on issues of law only, it shall try those issues first, and for that purpose may if it thinks fit, postpone the settlement of the issues of fact until after the issue of law have been determined".

   FRAMING OF ISSUES:-

According to Order 14 Rule 1, issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. At the first hearing of the suit the court shall, after reading the plaint, and the written statements, if any, and after such examination of the parties as may appear necessary, ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

   OMISSION TO FRAME ISSUES:-

If an issue is not framed in the suit, while an allegation was made in the plaint in-respect of certain facts and challenged in written statement, the court can allow the parties to lead the evidence on such point, and would give its decision without framing that issue.

     MATERIALS FROM WHICH ISSUES MAY BE FRAMED:-

The provision regarding the materials from which issues are framed is found in Order 14 Rule 3, which provides that " the court may frame issues from any of the following materials:-

     I.        The court may frame issues from the allegations made on oath by the parties, or by any persons present on their behalf or made by the pleaders of such parties.

   II.        The court may frame issues from the allegations made in the pleadings or in answers to the interrogatories delivered in the suit.

  III.        The court may frame issues from the contents of the documents produced by either part ".

WHEN ISSUES NEED NOT TO BE FRAMED:-

The court may not frame any issues where after the filing of a written statement, the court passes a consent decree on the agreement of the parties[2] or in regard to a matter upon which they are in agreement[3] or where a point is alleged by the plaintiff and admitted by the defendant and a decision can be given on the basis of such admission.[4]

   POWER OF COURT TO AMEND AND STRIKE-OUT ISSUES:-

The power of the court to amend and striking-out of issues is mentioned in order 14 rule 5, which provides that, " The court may at any time before passing a decree amend the issues or frame 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.

   DUTY OF COURT TO FRAME ISSUES:-

Primary duty to frame proper issues arising out of pleading of parties rests on courts.[5]

 BURDEN OF PROOF:-

a.      Meaning Of Burden Of Proof:

It means something that a party is required to prove an allegation before judgment may be given in his favour.

b.     Burden of Proof Under Article 117 of QSO, 1984:

Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which he asserts, must prove that those fact exist.

c.      Burden of Proof In Civil Cases:

The burden of proof is on the party who asserts and not on him who denies, and in deciding which party asserts, the regard must be given to the substance of issue.

“The issue must be proved by the party who asserts it and not by the party who deems it.”[6]

d.     Exception To General Rule:

The general rule that a party who desires to move the court must prove all facts necessary for that purpose is subject to following exceptions.

       I.            Burden of Proof As To Particular Fact Under Article 119:

The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence.

    II.        Burden of Proof Cast By A Statute Article 119:

Where it is provided by any law that the proof of that fact shall lie on a particular person.

   III.        Fact Within Knowledge Of Any Person Under Article 122:

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

  IV.        Burden of Proof Where Presumption Of Fact Operates Under Article 129:

Where presumption of fact operates in favour of a party then burden to prove the contrary lies on the other party.

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[1] PLD 1999 Lah. 465

[2] AIR 1933 Sind 304

[3] AIR 1958 Andh. Pra 638

[4] 11 Mad. 267 (DB)

[5] 1991 MLD 1284

[6] Mumtaz Begum Vs S.A Ullah Khan (AIR 1973)

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How to save yourself from Hell

In this beautiful Hadees the Prophet of Islam Hazrat Muhammad(PBUH) teach us the easiest method to save ourselves from the fire of Hell. This is a simplest and easiest method simply after Namaz-e-Maghrib recite the holy pray for seven times.

I want to clear one wrong concept which mostly people have about this type of Hadees. Most of the people think that the prays describe in these Hadeeses save us from Hell and other difficulties. Its absolutely sure that this type of Prays save us from Hell and any other difficulties but remember that Islam is a social religion. Islam does not allow us to become a Durwaish and don't struggle for our life.
Islam, in Quran and Holy Sunna of Hazrat Muhammad(PBUH), has describe a complete code of life. Islam encourage to work hard and serve the humanity. As every one know that only buying a medicine from hospital does not save us from cure and buying a book from bookshop does not provide us knowledge we need to read the book to gain knowledge. Same is true about Islam. Only reciting Wazeefa's don't save us from sins. Islam ordered us to completely act upon the Islamic Code of Life.

AMAL KA DAROMADAR NIYOTOON PER HAI

Below I am going to shares with you a Hadith of Hazrat Muhammad(PBUH). Sahih Bukhari, Sahih Muslim and Sunan Abu Dawud wrote this Hadith Mubarka with the reference by Hazrat Umar.

In this Hadith The Prophet of Islam(PBUH) describe the importance of our aim while doing any work. The Hadith Mubarka describe that if you leave your home for your religion, to make happy to ALLAH with you, than you got benefits of the life hereafter but if some one leave home for the material benefits of this world or for some women to whom you want to marry then you don't got benefits for the life hereafter. 

MUSLIMS IN BURMA

MUSLIMS IN BURMA

THE THOUSANDS OF MUSLIMS IN BURMA ARE KILLED BY BUDDHIST WITHOUT ANY OFFENCE.  THE ALLAH ALMIGHTY IS ANGER WITH THE MUSLIMS AND KILLING IN BURMA IS CLEAR INDICATION BUT MAJORITIES OF THE MUSLIMS ARE NOT TAKING THIS ISSUE SERIOUSLY AND THEY ARE BUSY IN THEIR DAILY LIFE. THE RELIGION ISLAM PUT GREAT EMPHASIS ON BROTHERHOOD AND HELP OTHER MUSLIMS OR EVEN NON-MUSLIMS BUT IN PRESENT TIME NO ONE HAVE TIME TO LISTEN THE PROBLEMS OF OTHERS. THE ONE PROBLEM OF THIS IS LACK OF ISLAMIC EDUCATION. THE ONLY MUSLIM COUNTRY IN THIS WORLD WHO COMES FORWARD TO HELP THE MUSLIMS OF BURMA IS TURKEY. THE MOST IMPORTANT THING IS THAT PAKISTAN BEING AN ATOMIC COUNTRY DID NOT EVEN THINK TO HELP MUSLIMS OF BURMA. THE MUSLIMS IN WHOLE WORLD ARE NOT MAKING PROGRESS LIKE OTHERS ONLY BECAUSE THE MUSLIMS ALWAYS TRY TO WORK AGAINST THE MUSLIMS.