Framing Issues and Writing a Civil Judgment — Practice

Question 1

When do issues arise under Order XIV Rule 1?

Accepted Answer

When a material proposition of fact or law is affirmed by one party and denied by the other.

Question 2

Which Rule of Order XX deals with the contents of a decree?

Accepted Answer

Order XX Rule 6.

Question 3

In a title suit where the defendant pleads adverse possession, on whom does the burden of that issue lie and why?

Accepted Answer

On the defendant, because adverse possession is his plea and he would fail on it if no evidence were led. He must prove open, continuous and hostile possession for twelve years and the date it began.

Question 4

What is the evidentiary value of mutation entries?

Accepted Answer

They show possession and carry a fiscal purpose but do not create or extinguish title (Suraj Bhan v. Financial Commissioner, 2007).

Question 5

Write the operative order for a decree of declaration and injunction.

Accepted Answer

The suit is decreed. It is declared that the plaintiff is the owner of the suit property described in the schedule. The defendant is permanently restrained from interfering with the plaintiff's possession. The parties shall bear their own costs. Draw up the decree accordingly.

Question 6

P sues D for declaration of title and permanent injunction relying on a registered sale deed. D pleads ownership by adverse possession of twelve years and says the suit is time-barred. Frame the issues with the burden.

Accepted Answer

1. Whether the plaintiff is the owner of the suit property (plaintiff). 2. Whether the plaintiff was in possession on the date of the suit (plaintiff). 3. Whether the defendant became owner by adverse possession for more than twelve years (defendant). 4. Whether the suit is barred by limitation (defendant, as he pleads it). 5. Whether the plaintiff is entitled to a decree of declaration and injunction (plaintiff).

Question 7

State the rule in Anathula Sudhakar on suits for injunction where title is disputed.

Accepted Answer

Where title is in dispute or cloud is raised, the plaintiff must seek a declaration and consequential relief. Where the plaintiff is not in possession, he must also seek possession, and a bare declaration is barred by the proviso to Section 34 of the Specific Relief Act. A suit for a bare injunction is sufficient only where possession is the issue and title is not seriously disputed.

Question 8

How should witnesses and exhibits be cited in a civil judgment?

Accepted Answer

By number, such as PW-1 and DW-1 for witnesses and Ex. P-1 and Ex. D-1 for exhibits.

Practice — Framing Issues and Writing a Civil Judgment

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