would arise for consideration and would
address the controversy in issue:
a) Whether the amount reflected in Books of
Account forming part of returns ... books of accounts, but discovered during the search are also
in issue. Reframed questions 1 and 2 reflect the matters in
issue in the present
original Court is right in deciding all
the issues even after reframing the issues as
contemplated under Order XIV Rule 5 CPC ?
c. Whether ... deciding the appeal by itself without recording
evidence after having reframed the issues in the
4
form of points as contemplated under Section
recasting the issues. In other words, defendant No.1-
petitioner herein wanted the following issues to be
added to the existing issues:-
i) Defendant ... relief the plaintiff is
entitled?
The issues earlier framed were deleted and the
aforementioned six issues are now reframed.
Defendant No.1-petitioner herein
would be necessary for
the court below even now to frame an issue as regards the
maintainability of such a relief insofar as the sale ... suit, as the law permits the
court to frame and reframe issues in order to completely
adjudicate the matter in dispute. Therefore, this being
other impleaded
defendants. Thereafter, the trial Court shall reframe
issues and dispose of the matter within 18 months from
03.03.2014.
Sd/-
JUDGE
frame necessary issues and to give opportunity for
both the parties to lead additional evidence if any, on the issues
that would be framed. Reliance ... right by framing proper issues and allowing parties
to lead additional evidence on the strength of the issues reframed
or recasted or framed afresh
Addl. District Judge, Mandya, wherein,
the lower appellate Court after reframing the issues, has
failed to give sufficient opportunity to the parties to
adduce evidence ... further arguments, Counsels
have not pressed for adducing any evidence though
reframing of issues was brought to their knowledge.
However, the order sheet maintained
under Order 14 Rule 5 read with Section
151 CPC for reframing issue No.6 has been allowed.
Learned counsel for the petitioner has restricted
issue No.1. The
Court below opined that issue No.1, which is already framed, covers the
issue sought to be reframed. I am unable ... same as the
issue No.1 cannot completely cover the proposed reframed issue
suggested by the petitioner. The petitioner's prayer is based
court had initially correctly framed issue No.3. However,
on an application moved by the plaintiff, issues had been reframed
and onus had been wrongly ... proved by the defendants. The trial court
filed the impugned order reframed issue No.3 as under:-
"Whether Dulla Singh executed Will dated
