SC on Civil Procedure Code: Appellate Court cannot create new case for parties & frame issues without following Order XLI

The Supreme Court in the case Rama Kt. Barman (Died) Thr. Lrs. Versus MD. Mahim Ali & Ors observed and has held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing of such additional issues that were never being raised in the pleadings of the parties.

The bench comprising of Justice Bela M Trivedi and Justice Satish Chandra Sharma in the case observed and has stated that it being a well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the parties, and thus, the appellate court is supposed to decide the issues which are involved in the suit based on the pleadings of the parties.

The court in the case stated that whenever the Appellate Courts create an additional issue then it being incumbent upon them to decide the said issues in contemplation with Order 41 of Code of Civil Procedure, 1908, CPC.