VidhiSangh

Supreme Court of India · 21/08/2024

RAMA KT. BARMAN (DIED) THR. LRS. versus MD. MAHIM ALI & ORS.

[2024] 8 S.C.R. 727 · 2024 INSC 644

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside a Gauhati High Court judgment in a second appeal because the High Court had framed fresh substantial questions of law, never raised before the courts below, and decided them without giving the parties an opportunity to lead evidence, thereby making out a new case at the appellate stage. The second appeal was remanded for fresh decision.

Issues

  1. Whether the High Court, in a second appeal, could frame additional substantial questions of law not raised before the trial or first appellate court and decide them without affording the parties an opportunity to lead evidence.
  2. Whether an appellate court may make out a new case for a party that is not founded on the pleadings.

Provisions considered

Held

Result

Appeal allowed; High Court's judgment and decree in the second appeal set aside and the second appeal remanded for fresh decision, to be decided expeditiously as the trial court decree dates from 2004; parties to maintain status quo regarding possession of the suit land until then.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 727.