Article 246 — Framing vf issues

(1) After preliminary objections, if any, have been decided, tre court shall ascertain upon what material propositions of fact or of law the parties are a variance, and shall thereupon proceed to frame and record the issues on which the right aecision of the case appears to depend. (~) Nothing in sub-art. (1) shall compel the court to frame and re- 82 CIVIL PROCEDURE CODE cord issues where the defendant at the first hearing of the suit makes no defence.