Order 41 Rule 2 of CPC is extracted hereunder for ready reference:
Order 41 Rule 2: Grounds which May be Taken in Appeal - The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the memorandum of appeal or taken by leave of the Court under this rule.
Provided that the Court shall not rest its decision on any other ground unless the party who may be affected thereby has had a sufficient opportunity of contesting the case on that ground.
9. A plain reading of the said provision would amply make the point clear that the appellate Court has got ample power to permit the appellant to raise additional grounds.
IN THE HIGH COURT OF MADRAS
C.R.P. (NPD) Nos. 1843 and 1844 of 2010 and M.P. No. 1 of 2010
Decided On: 09.08.2010
Pappireddy Vs. Ramaswamy Reddy
Hon'ble Judges/Coram:
G. Rajasuria, J.
