issues on 03.11.2012. Issue No.1 framed earlier
8
was deleted by order dated 14.12.2012, additional
issues came to be framed on 05.10.2013 and issue ... recasting of issue No.1 and following
issue came to be re-casted by deleting the issue framed
earlier:
13
Recasted Issue
recasted by the trial Court, the son of the landlady
had been examined. Though he ought to have led evidence only on
the recasted issue ... recasted issue No.1. Originally issue No.1
related to the ownership of the suit house and after it was
recasted, the same
learned 10th Addl. Senior Civil Judge & ACJM,
Surat to recast the issues as prayed for in the Application at
Ex.211 in the Suit ... issue at any time before decree
came to be passed and permits the Court to strike out any issue.
But, the issues
plaintiff to the Court. The learned trial Court
had erroneously recast the issues framed in the learned Court
below. The entire consideration amount having been
throwing the burden in the present case on the defendants while recasting Issue No. 3 the learned Sub Judge does not appear to have derived ... framing issues correctly is upon the Court. But it is seen that no orders have been passed on this application and issues were recast
13th June 2016 and has suggested
twelve issues including the issue of limitation and also the issue of
jurisdiction of the learned trial Judge ... issues under Order XIV
Rule 2 of the CPC including the issue of jurisdiction and the appellant
itself making an application for recast
mooted as part of the defence case, vide recast Issue No. 6(a). The circumstances also are very patent against its genuineness and they militate ... title. The issues were recast at the time of opening of the case, but even the recast issues do not, strictly speaking
also
agreed on four issues which will replace the 12 issues already framed and
become issues now. The four recast issues framed ... reliefs parties are entitled to?”
14 Having set out the four recast issues on which the
instant suit now turns, it is necessary to capture
After the appeal was heard, the High Court
proceeded to recast the issues by the order dated 29 th
October 2010 by consent ... Order XLI of the
Code of Civil Procedure ( the CPC ). The recast issues read
thus:
“1. Whether the plaintiff proves that
after its registration
cast only after issuing a notice to
the parties. It is pertinent here to see, whether the issues were actually recast.
He relied upon ... draft issues that were filed
by the defendant in the suit and submitted that the said draft issues were framed
as additional issues
