further evidence was led in view of the reframed issue
no.(ii) as both the Ld. ARs gave a statement to the effect
that they ... wish to lead any further evidence in view
of the reframed issue and relied on the evidence already
led.
Final Arguments
36.Final arguments were
further evidence was led in view of the reframed issue
no.(ii) as both the Ld. ARs gave a statement to the effect
that they ... record and after
careful consideration, the issue wise findings are as under:
Issue No. (ii) as reframed on 21.12.2024:
Whether there was relationship of employer
Defendant moved application Order
14 Rule 5. Notice issued.
06.10.2004 Issues reframed. Defendant sought
time to cross-examine PW.
22.11.2004 PW present. Defendant prayed
deletion of the said
issue and reframe the same. The learned trial Judge reframed the issue
allowing the said application in terms of order dated ... Reframed
issue No. 2 reads as under:-
"Whether the alleged sale deed dated 26.3.1991 is a valid
and genuine document?"
The learned Trial
costs.
After filing of written statement by the defendant the following issues
were settled for trial:
1. Whether ... entitled for damages as prayed for?
6. To what relief?
Additional issues reframed on 1.12.1977:
1. Whether this Court has no jurisdiction to try this
Rule 25 of the Code of Civil
Procedure . Issue No. 4 was held to have been wrongly framed. Onus of
proof was also wrongly placed ... question of fact, which according to it was essential,
upon reframing the issue.
Only, thus, additional evidences were required to be adduced upon
reframing
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 ... 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
REJOINDER…………………………. Paras 87 to 94
VII. REFRAMED QUESTIONS…………………………………. Paras 95
VIII. STATUTORY SCHEME…………………………………….. Paras 96 to 109
IX ISSUE NO. (i)………………………………………………… Paras 110-158
Precedents
also to vary or modify it. The Appellate Court may also reframe issues or frame new issues or either remand the matter or take fresh
back to the file of the ITO with a direction to reframe the issue in accordance with law with advertence to the observations made above ... back to the file of the ITO with a direction to reframe the issue in accordance with law. The brother Accountant Member has thus been
