To draft or draw up the point or points in question arising out of pleadings containing statements of facts or law which one party affirms and the other denies.

The provision of Rule 2 of Order 14 C.P.C. is mandatory and a court is under mandate of law to first decide an issue of law where an application has been filed by a party for deciding a preliminary point of law. [Manjur Ahmed Chowdhury vs. Gulbanu and others, 14 BLD (HCD)1]

Rule 1 of Order 14 casts an obligation upon the trial Court to frame issues upon the material assertions made by one party and denied by the other and this can be done at any stage of the proceeding if found necessary. The only requirement of law is that the contending parties are to afforded adequate opportunity to contest the issue. [Mohammad Abdul Jalil Miah vs. Nirupama Ritchil and others, 17 BLD (AD) 63]