this issue has been
cropped up resulting in recasting of the issue. Recasting of issue
was done by this court as there could not have ... rebut this issue does not arise at all. It is not
that plaintiff has not understood the implication of issue or
issue as such
held as under:-
"Civil Procedure Code, 1908, Order 14 - Issues - Recasting of
issues - Suit for declaration - Both the parties concluded their
evidence - Case ... final adjudication when application
was moved by defendants for recasting of issues, which was
dismissed - Held, that the request for recasting and re-
framing
after amendment in the written statement by the present appellants,
the issues were recast and a specific issue with respect to the fact ... expressions, which were an issue in trial after the recasting of the issues.
It is argued that at any rate, it is a matter
held as under:-
"Civil Procedure Code, 1908, Order 14 - Issues - Recasting of
issues - Suit for declaration - Both the parties concluded their
evidence - Case ... final adjudication when application
was moved by defendants for recasting of issues, which was
dismissed - Held, that the request for recasting and re-
framing
under
Order 14 Rule 5 read with Section 151 CPC for recasting of issue
No.6-A was dismissed.
[2]. Plaintiff filed a suit ... issue
cannot be in negative. The onus in negative cannot be
discharged. Issue No.6-A was sought to be reframed/recasted to
shift
Additional District Judge,
Sonepat whereby an application filed by them for recasting of issue
No.7 from "whether defendant No.4 is a bonafide ... pleadings of the parties, the court was duty bound to
recast issue No.7 as claimed. He referred to following pleadings in para
four issues:
1. Whether the services of the workman have been terminated after holding a fair and proper enquiry? OPM
2. If the Issue ... Management.
5. Later on, the petitioner moved an application to recast Issue No. 1 and treat it as preliminary Issue. It was prayed that onus
further directed the trial Court to frame additional issues and
to recast the issues already framed arising out of the pleadings of the parties ... matter to the trial Court for its fresh decision after framing/recasting
the issues arising out of the subsequent pleadings of the parties. In this
husband be allowed to amend his petition for divorce and a specific issue be framed with regard to the allegations of adultery made ... Judge allowed the parties to amend their pleadings and the requisite issue was recast as issue No. 3 which is as follows:-
"Whether
this petition for revision of that order, the recasting of issues Nos. 4 and 5 alone has been questioned. Mr. Ashok Bhan, learned counsel ... under Rule 5 of Order 14 of the Civil P. C. recasting an issue with or without changing the burden thereof, can at all fall
