plaint, particularly referring to the paragraph 13 of the plaint, ought to have framed the issue on the Will dated 18th September, 1951. Though PW1 in his cross-examination admitted that plaintiff is not having any right or title over the suit ‘B’ schedule property, however, for the effective adjudication of the suit by the Court, it is imperative for the parties in the suit to prove the veracity of the Will dated 18th September, 1951. This Court, in the case of B.R. MULANI v. A.B. ASHWATHNARAYANA reported in AIR 1993 KAR 257 has held that whenever a party raises a plea and does not have an issue raised in that regard and goes to trial and have the matter decided without having an issue raised on the said plea, then it amounts to giving up such a plea and taking into consideration the law declared in the aforementioned case, I am of the view that the trial Court must bear in mind that, while framing the issue, based on the pleadings on record, that the determinations in a cause should be founded upon a case to be found in pleadings and it is the duty of the trial Court to frame issues and if the trial Court fails to frame necessary issues, as intention of the defendant to admit the facts which the plaintiff was bound to
