HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.2428/2010 DT.2-7-2010 Bodepu Srinivas …Petitioner V. 1.B. V. Nageswara Rao and others ..Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.2428/2010 ORAL ORDER: The petitioner-first defendant filed this revision petition questioning the docket order dt.15-09-2009 passed by the Family-cum- Additional District Judge, East Godavari, Rajahmundry dismissing IA No.1155/2009 in OS No.72/2008 filed for recast the issue No.3 as mentioned in the petition. In the written statement filed by the first defendant, the first defendant categorically stated that the will dt. 18-6-2008 propounded by the plaintiff is a forged one and she never executed any such will. The alleged attestation by notary is also concocted and fabricated to knock away the property. On the above defence, an issue was framed to the following effect: “Whether the will dt. 18-6-2008 propounded by the plaintiff is forged and does not bind the first defendant?” By filing the present application, the petitioner-first defendant wants to recast the said issue as follows: “Whether Bodepu Satyavathi executed the will dt. 18-6-2008 in a sound and disposing state of mind and the same is true, valid, binding on the firs defendant?” In the absence of any plea taken by the defendant No.1 that the attestor, Bodepu Satyavathi, was not in a sound and disposing state of mind when the alleged will is executed, the issue need not be recast as sought for by the defendant No.1, as the issue has to be framed according to the pleas taken by the parties. No infirmity is discernible in the impugned order warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J Date:2-7-2010 kmr