IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.2049 of 2008 Between: P. Jangaiah .. Petitioner AND P. Suguna .. Respondent ORDER: The Civil Revision Petition is directed against the rejection by the trial Court of the request to frame additional issues made by the revision petitioner in I.A.No.1980 of 2007 in O.S.No.3359 of 2004. The suit for ejectment of the defendant from the subject property, mesne profits with interest and a permanent injunction is resisted by the revision petitioner questioning the Will relied on by the plaintiff and it is contended that the suit is bad for non-joinder of necessary parties, invalidity of the notice to quit and other grounds. The trial Court had originally framed issues on 09-02- 2005 as follows: 1) Whether the plaintiff is entitled for eviction of the defendant? 2) Whether Renuka is not alive? 3) Whether the suit property devolves on the plaintiff by virtue of Will? 4) Whether the plaintiff fabricated the Will as alleged by the defendant? 5) Whether the property devolves on the legal heirs of Rajaratnam? 6) Whether the plaintiff is entitled for ejectment, mesne profits and interest thereon and injunction as prayed for? 7) To what relief? The revision petitioner desired that additional issues may be framed about the existence of any jural relationship of landlord and tenant between the parties, the suit being vitiated due to non- joinder of necessary and proper parties, the need for the plaintiff to prove the truth, validity and binding nature of the Will and the truth and validity of the notice to quit. Heard Smt. I. Maamu Vani, learned counsel representing Sri S. Malla Rao, learned counsel for the revision petitioner and Sri Pramod Kumar Kedia, learned counsel for the respondent-plaintiff. The very manner in which the original issues were framed on 09-02-2005 in the suit does not reflect any happy wording of the issues and the specific pleads in the written statement of the revision petitioner are about the Will being bogus, fabricated and forged and about the other legal representatives of Rajaram also being necessary and proper parties. The defence is also about the invalidity of the notice to quit, apart from the absence of any jural relationship of landlord and tenant between the plaintiff and the defendant. Though a formal plea was taken about the incorrectness of the valuation of the suit and the court fee paid, the same is obviously not insisted upon and the issues originally framed do not adequately and scientifically reflect the questions in controversy between the parties to be adjudicated in the suit and do not correctly reflect the manner in which the burden of proof should be discharged respectively. Therefore, the trial Court should have considered the request of the revision petitioner to frame the issues as requested and it is well settled that the issues can be recast at any stage of the suit so as to facilitate the determination of the real questions in controversy between the parties. Under the circumstances, the original issues framed by the trial Court have to be deleted and have to be recast as follows: 1) Whether the Will dated 01-03-2002 relied on by the plaintiff is true, valid and binding on the defendant? 2) Whether the suit is bad for non-joinder of necessary and proper parties? 3) Whether there is no jural relationship of landlord and tenant between the plaintiff and the defendant? 4) Whether the notice to quit is true and valid? 5) Whether the plaintiff is entitled to eviction of the defendant, mesne profits and permanent injunction? 6) To what relief? The Civil Revision Petition is ordered accordingly without costs, setting aside the order in I.A.No.1980 of 2007 in O.S.No.3359 of 2004 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, dated 03-03-2008 and directing recasting of issues as stated above in the said I.A.No.1980 of 2007. _____________________ G. BHAVANI PRASAD, J Date: 17-06-2010 Ksn