1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. L.P.A. NO.344 OF 2009. IN W.P.NO.1707 OF 2008 (D) NARAYAN S/O HEMRAJ DHAGE VS. SMT. SHANTABAI WD/O HEMRAJ DHATE AND OTHERS. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri SP Kshirsagar, Advocate for the appellant. Coram : B.P.DHARMADHIKARI AND F.M. REIS, JJ. Dated : 10th AUGUST, 2009. 1. By inviting our attention to a plea as raised, the contention is that a plea of invalidation of sale deed in favour of the defendants no.9 to 13 is specifically raised, and the plaintiff has given no objection for raising of issues. 2. The application for recasting of issue was rejected by the trial Court, and that order has been maintained by the learned Single Judge in Writ Petition. 2 3. We find that the order cannot be treated as amenable to appeal under clause 15. In any case, if the pleadings are there, the appellant can lead the evidence on those pleas. 4. Letters Patent Appeal is dismissed. JUDGE JUDGE /Muley/