(1.) On 8/12/2005 eight issues were framed. It was directed that issuesNo. 1 and 8 would be treated as preliminary issues. Issue Nos.1 and 8 read as under:
(2.) At the hearing held on 28th July, 2006 learned Counsel for the parties conceded that reference to 'answering defendant' in issue No. 1 is reference to defendant No. 1 and the words 'OPD-2' should be read as 'OPD-1'.
(3.) Indeed, the 2 issues arise out of the defence taken by defendant No. 1.