- (1.)Both these appeals have arisen from a common judgment passed in Civil Appeal No.68 of 1992 and Cross-Objections No.5 of 1993 decided on 25.9.2000, hence taken up together for decision.
(2.)RSA 589 of 2000 directed by the plaintiffs having failed in both the Courts below, was admitted on 6.12.2000 on the following questions of law:
1. Whether a party can file a fresh written statement on different grounds when the written statement by its predecessor is already on record and issue on the basis of which has already been struck?

2. Whether a party after remand of the case can set up a new case and lead fresh evidence contrary to earlier pleadings?

(3.)Whether the opinion of expert obtained by the Court, without setting aside the same, can again obtain fresh opinion, when the earlier opinion has been believed by the Court?