Wednesday, 21 June 2017

Whether additional grounds can be raised in appeal at subsequent stage?

As regards the raising of additional grounds, it is the case of the applicants that they did not know the actual contents in the order dated 17.09.2014 in A.No.4969 of 2014 passed by the learned Master, as the copy of the same was not furnished to them. Only in the course of enquiry by this Court in the earlier Application Nos. 6809 to 6811 of 2014 etc., the respondent herein had filed a copy of the order dated 17.09.2014 in A.No.4969 of 2014 passed by the learned Master, in the typed set of papers dated 08.12.2014 before this Court. After knowing the text of the order dated 17.09.2014 passed in Application No. 4969 of 2014, by the learned Master, from the typed set of papers submitted by the respondent herein, dated 08.12.2014, the applicants herein have filed the Application No. 1160 of 2015 seeking permission to raise additional grounds in the appeal preferred by the applicants against the order dated 17.09.2014. Under such circumstances, I find that the applicants have given sufficient reason in the affidavit to raise additional grounds. Hence, I am of the opinion that as sufficient reasons have been shown, the application in A.No.1160 of 2015 for raising additional grounds, also deserves to be allowed and accordingly, the same is allowed as prayed for.
A. Nos. 1156 to 1160 of 2015 in E.P. No. 48 of 1997 in C.S. No. 43 of 1962
Decided On: 16.06.2016
 S.V.R. Saroja and Ors.


 S.V. Matha Prasad

Hon'ble Judges/Coram:

R. Subbiah, J.

Citation: AIR 2017 (NOC) 145 Mad

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