- (1.) Heard learned counsel for the petitioner as well as learned counsel for opposite party no.1 and perused the record.
(2.) By means of the instant writ petition, petitioner has sought for a writ in the nature of mandamus, directing learned Civil Judge (S.D.) North, Court No.25, District and Sessions Court, Sultanpur to decide Regular Suit No.267 of 1997 (Fayadeen v. Ambika Prasad Pandey), as expeditiously as possible within a period stipulated by the court.
(3.) A perusal of the copy of order sheet, contained as Annexure No.2 shows that the suit was filed on 24.02.1997 and written statement has also been filed. The learned Trial Court framed issues on 24.11.2005 and decided issue no.2 (of valuation) on the same day. Under order 14 Rule 1 of the Code of Civil Procedure guidelines for framing of issues have been given, which is reproduced below:- "1. Framing of issues.-(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. (2) 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. (3) Each material proposition affirmed by one party denied by the other shall form the subject of distinct issue. (4) Issues are of two kinds : (a) issues of fact, (b) issues of law. (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 1[after examination under rule 2 of Order X and after hearing the parties or their pleaders], 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. (6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence.";