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3. The apparent discernible question which requires adjudication in this case seems to be a trivial, insignificant and small one regarding imposition of costs, but in fact, these appeals have raised several important questions of law of great importance which we propose to deal in this judgment.

Looking to the importance of the matter we requested Dr. Arun Mohan, a distinguished senior advocate to assist this court as an Amicus Curiae.

13. In the first round of litigation from 16.11.1977 to 16.3.2001 it took about twenty four years and thereafter it had taken 10 years from 16.3.2001. In the 1992 suit, the defendants (appellants herein) sought amendment of the written statement which was refused on 28.07.2004. Against this order, a Civil Miscellaneous (Main) 1153 of 2004 was filed in the High Court which was disposed of on 02.09.2004 with liberty to move an application before the trial court for framing an additional issue. The additional issue regarding the claim of adverse possession by the three younger brothers was framed on 6.10.2004. The issue was whether the defendants have become the owner of three-fourth share of the suit property by adverse possession and the case was fixed up for recording of the evidence. According to the learned Amicus Curiae, the court before framing Issue Number 7 and retaining the other issues, ought to have recorded the statement of defendants under Order 10 Rule 2 of the Code of the Civil  Procedure (for short, CPC) and then re-cast the issues as would have been appropriate on the pleadings of the parties as they would survive after the decision in the previous litigation.

14. According to the learned Amicus Curiae, the practice of mechanically framing the issues needs to be discouraged.

Framing of issues is an important exercise. Utmost care and attention is required to be bestowed by the judicial officers/judges at the time of framing of issues. According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings.

59. We make it abundantly clear that the trial court should not be influenced by any observation or finding arrived at by us in dealing with these appeals as we have not decided the matter on merits of the case.

60. Before parting with this case we would like to record our deep appreciation for extremely valuable assistance provided  by the learned amicus curiae. Dr. Arun Mohan did not only provide valuable assistance on the questions of law but inspected the entire record of the trial court and for the convenience of the court filed the entire court proceedings, other relevant documents, such as the plaint, written statement and relevant judgments. It is extremely rare that such good assistance is provided by the amicus curiae. In our considered view, learned amicus curiae has discharged his obligation towards the profession in an exemplary manner.