Code of Civil Procedure, 1908–Order 14, Rule 1–Re-framing of issues
by appellate Court–Appreciation of–Case of respondents was that they have not encroached over the plot of plaintiffs–Further, counter claim with contending that the plaintiffs have encroached over their half plot–Issue no. 3 framed by trial Court was misleading–It was neither in conformity of pleadings nor it was appropriate to enable the parties to adduce their evidence–Held, no illegality or irregularity is found in the impugned order.
