MANNAM ANJAMMA Vs. N NAGESWARA RAO

JUDGEMENT

(1.) .The respondent has been notified. But not present. Heard on merits. The order of the learned Addl. Subordinate Judge, Ongole in LA. No.784/97 in O.S. No.158/90 dated 25-4-1997 is challenged. It is an application under Order 14 Rule 5 C.P.C. r/w Sec.151 C.P.C. to recast the issues and to frame additional issues. The learned Subordinate Judge allowed the application and recast the six issues on his own in para 16 of the order which read as follows:

(2.) THE C.R.P. is allowed and the order of the learned Subordinate Judge is set aside only in regard to not framing issue whether the marriage of Kotamma with the plaintiff was hit by Sec.5(iii) of the Hindu Marriage Act and this Court proposes to frame the following issues: (i) Whether Kotamma was a minor on the date of the marriage with the plaintiff; (ii) if so, whether her marriage is void in view of Sec.5(iii) of the Hindu Marriage Act, 1956? THEse issues shall be added to the other six issues already framed. No costs.