Code of Civil Procedure, 1908–Order 14, Rule 5–Prayer to frame the issue qua the counter-claim–Rejection–Counter-claim was the part of written statement, therefore, there was no formal requirement for taking it on the record–No objection was also filed as to non-deposit of court fee qua the counter-claim–An issue qua the counter-claim was mandatorily required to be framed because it cannot remain to be undecided–However, the application for framing the issue qua the counter-claim has been filed after the final arguments, therefore, Trial Court is directed to frame the issue on counter-claim and defendant nos. 4 to 9 would not be liberty to lead any evidence qua the said issue.
