striking out issue at appellate stage

Querist : Anonymous (Querist) 02 February 2011 This query is : Resolved
In rent suit an issue of permanent construction was framed on the pleading of the defendant,the suit was decreed but in appeal the same was dismissed on the ground that the pltff.had not pleaded and so there was variance between pleading and proof. so the matter gone to HC and the matter was remanded for deciding the matter afresh on the ground that both the parties had led the evidence and so there was no variance.Now at appellate stage the appellant-deft.has applied for striking off that issue.I need judgment that it cannot be done as it would amount to striking off the evidence.

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M/s. Y-not legal services (Expert) 31 July 2015
academic/anonymous query can not be answered..

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