Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court
Recently, the Supreme Court held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing such additional issues that were never raised in the pleadings of the parties. “It is well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the parties, and the appellate court is supposed to decide the issues involved in the suit based on the pleadings of the parties.”, the bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma said. The Court said that whenever the Appellate Courts create an additional issue then it is incumbent upon them to decide the said issues in contemplation with Order 41 of Code of Civil Procedure, 1908. However, the Appellate Court can not create a new case for the party, frame the issues and decide the issues without following the procedure contemplated under Order XLI of CPC," the Court explained.
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