Per Justice Kurian Joseph, C.J. (Oral) What is the scope of expression “defence appropriate to his character as legal representative” appearing under Order 22 Rule 4 (2), is one of the questions arising for consideration in this case.

2.Trial of a suit is confined to the issues framed in the suit. In other words, there is no trial on pleadings; trial is on issues. That is the scheme of Civil Procedure Code. We have to analyze the contentions placed by the appellant in the light of this principle.

3. The appeal arises out of the order, dated 20th March, 2012 in OMP No. 388 of 2011 in Civil Suit No. 20 of 2003. That application was filed under Section 151 of the Civil Procedure code on behalf of the appellant, who is the legal representative of the original second defendant with a prayer for recalling the plaintiff’s witnesses for

cross examination and for permission to lead further evidence on the issues already framed. The learned Single Judge dismissed the application holding that no additional issues have been framed, the parties have already led evidence on the issues already framed and hence, it was not permissible to the newly added defendant to lead further evidence.