Rule 36. Framing of issues

(1) At the first hearing of the application, after the summons is served, the court shall, after considering the application and written statement, if any, or after such examination of the parties or any person or any document as may appear necessary, ascertain upon what material proposition of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issue upon which the right decision appears to depend.

(2) In recording the issues, the court shall distinguish between those issues which in its opinion concern points of facts and those which concern points of law.

(3) The court may, in like manner, at any time before passing its final order, strike out from or in any way amend the issues on such terms as it may think fit.