THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5245 OF 2007 ORDER: The petitioner herein is defendant no.2, files this revision under Article 227 of the Constitution of India interalia assailing the orders dated 6th September, 2007 dismissing an application filed under Order 14 Rule 5 of the Civil Procedure Code to recast Issue No.1. The case of the petitioner herein in short is that having regard to the nature of pleadings and also the contents as contained in exchange of notices, the burden is wrongly cast in issue no.1 as it exists, which reads as “Whether there was any family arrangement culminating to Memorandum of Partition Deed dated 9.7.1986 is true, valid and binding on the plaintiffs and defendants”. Further it is submitted by the learned counsel for petitioner that since there is no denial as such in regard to the execution and only circumstances have been pointed out as to how it came into existence, necessarily the burden has to be shifted to the appropriate side and it needs to be cast as “Whether the family arrangement evidenced by memorandum of past partition dated 9.7.1986 was executed by the plaintiffs in the circumstances claimed by them in the suit notice dated 3.4.2006”. The Court below, after perusal of the issue as framed recorded a finding that there is a denial of the very execution and therefore the issue as framed earlier is right. Apparently, the Court below did not take into consideration the later paragraphs where specific pleas are taken about circumstances apart from reiteration as contained in the notice. Having regard to such specific pleas and surrounding circumstances mentioned by the petitioner, necessarily the burden needs to be re-cast by properly framing the issue. In view of the same, the Court below is not right in rejecting the application. In the circumstances, the order under revision is set aside and I A No. 4585 of 2007 in O S No. 442 of 2006 is allowed. Accordingly, revision petition is allowed. No costs. _________________ B PRAKASH RAO,J DATE: 17.6.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5245 OF 2007 DATE: 17.6.2010