THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 2958 of 2009 Date of order: 24.11.2010 Between: M/s. ATO India Ltd., …Petitioner and M/s. United India insurance Co. Ltd. And another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 2958 of 2009 ORDER: Appellant in AS No. 268 of 2005 filed an application in IA No. 467 of 2008 before the lower appellate Court for recasting of issues. The lower appellate Court has partly allowed the application and to the extent of its dismissal, this revision petition is preferred. Heard learned counsel for petitioner/appellant. The appeal which is pending before the lower appellate court is against the judgment and decree of the trial Court and entire scope of the suit is open for consideration before the lower appellate court. Under Order 41, Rule 31 of the Civil Procedure Code the lower first appellate court would frame points for consideration and decide the appeal. The particular issues or aspects on which the appellant seeks recasting of issues can always be urged by him before the appellate court and as such it is for the lower first appellate court to frame appropriate points for consideration and decide the appeal in accordance with law. I see no error on the part of the court below in passing the impugned order. The revision petition is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 24.11.2010 KR