Multiple Choice Questions on The lsquo Matter in issue rsquo means the rights litigated between the parties These are the facts o........... for Judicial Services (Master) Preparation

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Multiple Choice Questions

The lsquo Matter in issue rsquo means the rights litigated between the parties These are the facts o...........

Civil Procedure Code (CPC) 1908 Plaint and Written Statement
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    The ‘Matter in issue’ means the rights litigated between the parties. These are the facts on which right is claimed and the law applicable to the determination of that issue.

    Such issues are issue of fact only.

    Incorrect Answer

    Such issues are issue of law only.

    Incorrect Answer

    Such issues may be mixed issue of law and fact.

    Correct Answer

    Such issues are issue of law only and not of fact.

    Incorrect Answer
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    Explanation:

    Matter in issue are those facts on which right is claimed and the law applicable to determine that issue  

    of fact  of law  or  mixed of law and fact    [Mathura Prasad vs. Dossibai N.B. Jeejeebhoy (1970) I SCC 613]. 

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