Gujarat High Court Civil Manual (subordinate court practice), 1960
Issues should be framed by the Presiding Judge on the date fixed for the purpose. They indicate the points in controversy in which the parties are to go to trial and give them notice of matters which they are required to establish by adducing evidence or otherwise. No trial is likely to be satisfactory unless the issues are complete and precise. It should be observed that a party has to produce evidence in support of the issues, which he is bound to prove (Order XVIII, rules 2 and 3) and that the Judgment of the Court shall record its findings on the issues (Order XX, rule 5). These provisions should make it plain that an essential preliminary to a satisfactory trial is the settlement of full and precise issues. A judicious use of the provisions of rule 1 of Order X and sub-rule (5) of rule 2 of Order XIV may be found of help for collecting material necessary for framing issues in seriously contested cases. The duty of framing issues under the law must be performed by the Court and the presiding Judge should not leave it to the parties or lawyers to frame the issues but should apply his own mind to the subject. There is, however, no reason why the Court should not take suggestions from the parties or lawyers as to the issues to be framed.