In the instant case, Supreme Court held that an Appellate Court cannot create a new case by framing additional issues and is obligated to decide the issues involved in the suit based on the pleadings of the parties. The Supreme Court referred to Order XLI, Rule 25 of the Code of Civil Procedure Code, 1908 that empowers the Appellate Court to frame issues and remand the same for trial to the Court whose decree is appealed from, if necessary.
The Appellants in the present case had filed a suit before the trial court seeking a declaration with regard to the right, title and interest over the scheduled land and for eviction of the Respondents from the said land in question as also seeking permanent injunction. The trial court had decreed the said Suit filed by the Appellants. Being aggrieved, the Respondents preferred two appeals. First Appeal was dismissed. Thereafter, the Respondents filed a Second Appeal before the Gauhati High Court. Gauhati High Court allowed the said Second Appeal and set aside the orders passed by the trial court and the Appellate Court. As such, being aggrieved, the Appellants filed the present appeal before the Supreme Court.
The Supreme Court observed that the said substantial questions of law formulated by the High Court were neither raised before the trial court or the Appellate Court. Furthermore, the parties were not given any opportunity to lead evidence on the said issues. The Supreme court criticized the Gauhati High Court and emphasized the role of Appellate Courts and necessity of adhering to procedural rules of CPC. The Supreme Court further held 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 on the pleadings of the parties. Accordingly, the Supreme Court set aside the impugned judgment and decree passed by the Hon’ble High Court in the Second Appeal and remanded the case to the Gauhati High Court for deciding the same afresh and in accordance with law.