Gujarat High Court Civil Manual (subordinate court practice), 1960
To sum up in the briefest way the theory of the Code as to the disposal of suits; it is full disclosure by each party of his allegations and prompt disposal by the Judge. It has been pointed out how immensely important is the correct framing of issues. The detailed provisions of the Code contain an interesting instance of the importance attached to promptness of disposal. Rule 5 of Order V provides that in issuing summons to a defendant the Court shall determine whether it shall be for the settlement of issues only or for final disposal. Here, it may be said, is a provision against the theory that issues must be framed first and that issues are the notice to the parties of the matters as to which evidence is to be adduced. For a summons for final disposal means that the parties must appear with their evidence, and how can they do this before issues are framed, if issues are the only notice of the matters as to which evidence is required! The explanation is that there is a class of simple suits where each party may well be assumed to known exactly what is in dispute and what is to be proved or rebutted. Prompt disposal is so higly valued that in suits of this class the formality of framing issues before fixing a date for final disposal is dispensed with. But even in such cases issues have to be framed before the trial takes place; and if they are found to be less simple than was anticipated, it may be necessary to postpone the trial and to allow further time for the production of evidence. It is not intended that the summons should be for final disposal except in simple suits.