This is perhaps a question of law. The question is - can a suit/case continue to run in a lower court, without any issues in it ? The brief details are as follows : A civil case (main-case) had been filed against me in by the OP. I filed a counter-claim (counter-case) against the OP. Somehow, issues were framed in the main-case in common. Both the cases continued to run until today with separate case numbers, separate orders. Now suddenly the court has passed an order saying that issues were framed in common and thus he has gone ahead and merged my counter-case with the OP's main-case and thus eliminated all my witnesses in my counter-case. Order VIII, Rule 6A says that a counter-case is like an independent suit and shall have all the rules as applicable to an independant suit. My question is - how can a case (my counter-case) continue to run for so many years without any issues in it - is such a thing possible ? Since issues are core/fundamental to the existence of any case/suit !!!