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32. Now let us turn to the question raised by the learned counsel for the plaintiff with respect to the issue No. 3A, framed by the trial Court while dictating the impugned judgment. We are in agreement with the learned counsel for the plaintiff that the same has caused prejudice to the plaintiff. It is, no doubt, true that the Court can frame or reframe issue at any time, so long as the case is not decided on its own merits, but that does not mean that in the garb of framing fresh issue, the Court can make out altogether a new case which was never contemplated by the parties in the suit. If the parties have understood rival contentions in its proper perspective and had an opportunity to make rival case and if adequate material is available on record to try the issue, then only the trial Court is expected to frame or reframe such issue while deciding the suit. But, if the rival parties were unaware of the case sought to be made out by the Court on the basis of altogether new issue, then, the Court cannot frame issue for the first time while deciding the suit and travel in an unknown territory unknown to the parties during the course of the trial. Turning to the case in hand, the trial Court has certainly travelled in an unknown territory and sought to make out altogether a new case, which was not contemplated by either of the parties during the course of trial.