The Supreme Court recently affirmed that appellate courts cannot introduce new cases or issues for parties during civil suits if those issues were not part of the original pleadings. This decision reinforces the principle that appellate courts must adhere strictly to the issues initially raised by the parties.
The bench, consisting of Justice Bela M. Trivedi and Justice Satish Chandra Sharma, emphasized that appellate courts are bound to resolve cases based on the issues presented at the trial level. The court clarified that additional issues or cases cannot be introduced at this stage.
According to the ruling, while Order XLI of the Code of Civil Procedure (CPC) permits appellate courts to frame additional issues if necessary, this must be done in line with established procedures. Specifically, Order XLI Rule 25 allows appellate courts to refer additional issues for trial back to the lower court, and Rule 27 allows for the introduction of new evidence under certain conditions. However, creating entirely new cases or issues without adhering to these procedures is not permitted.
In this case, the High Court had introduced new substantial questions of law in a second appeal that were neither raised in the lower court nor provided with an opportunity for evidence. The Supreme Court condemned this approach and ordered the High Court to review the case anew, following proper legal procedures.
The Supreme Court’s directive requires the High Court to reconsider the substantial questions of law it previously framed and resolve the appeal in accordance with the law.
The appeal was thus allowed, with the case remanded for a fresh decision in line with these principles.
