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
public appointments or posts and
admission to educational institutions were also recast.
ISSUE:
The short question which arises for consideration is as to whether
passed by the
District Judge and directed the District Judge to “recast the
issues” and permit respondent Nos.1 and 2 to file affidavits ... allowed the writ petitions and directed the learned
District Judge to “recast the issues” and allow respondent
Nos.1 and 2 to file affidavits
necessary parties?
9. To what relief?
10. The issues 1, 2, 3 and 6 are recasted as follows: “Whether the
plaintiffs are the owners ... suit land can be said as
improper and illegal.
24. RECASTED ISSUE FRAMED ON 30-7-1999:
On this issue, the burden lies
distinguish
in name while disregarding in substance or to recast issues in
order to sidestep a rule that binds. “Stare decisis et non quieta
movere
dated 16.04.2013 in O.S. No. 631 of 2012 was on
recast issues, without any decision on the issue of qualifications of the
17
appellant ... issues (issues on
disqualification of Mr. Naren Rajan and Mr. Prakash) open as
could be gathered during the course of the arguments.
Accordingly, the issues
referred to it did not bring
into focus the real issue and, therefore, recast the same.
The High Court upholding the refusal of registration held ... bring into focus the real issue
that arose between the parties and therefore the same was
required to be recast or reframed and it reframed
courts below nor a decision has been
rendered on the same. The issue of effect ... land under the two grants. The trial court shall recast
the issues with the issue indicated above and after giving additional
opportunities to both
considered
necessary, the Court may also frame additional
issues or/and recast the issues already framed and
then decide both the cases by common judgment
also find that on specific issue has been framed on this point. On the other hand, issue No. 3 to the effect :
Do defendants prove ... clearly cast the burden on the appellants. They never asked for recasting the issues and they went to trial on the above issue. Here again
