Details |
To draft or draw up the point or points in question arising out of
pleadings containing statements of facts or law which one party affirms and
the other denies.
The provision of Rule 2 of Order 14 C.P.C. is mandatory and a court is
under mandate of law to first decide an issue of law where an application
has been filed by a party for deciding a preliminary point of law. …..
[Manjur Ahmed Chowdhury vs. Gulbanu and others, 14 BLD (HCD)1]
Rule 1 of Order 14 casts an obligation upon the trial Court to frame issues
upon the material assertions made by one party and denied by the other and
this can be done at any stage of the proceeding if found necessary. The
only requirement of law is that the contending parties are to afforded
adequate opportunity to contest the issue. ….. [Mohammad Abdul Jalil Miah
vs. Nirupama Ritchil and others, 17 BLD (AD) 63]
See, Order XIV, rules 1-8 of the Code of Civil Procedure, 1908 (v of 1908).
|