The High Court permitted the appellant to raise additional grounds of appeal regarding procedure irregularities in the lower court concerning the consideration of interlocutory applications alongside the main appeal. Order expressly allowed the prayers made in this miscellaneous petition.
Petition ordered as prayed for to permit raising additional grounds of appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
C.M.P.No.4166 of 2024 in
S.A.No.63 of 2021
P.T.ASHA. J,
Heard Ms.D.Sathya, learned counsel for the petitioner/appellant and Mr.B.Gopala Krishnan, learned counsel for respondents 1 to 4.
2 . This petition is filed seeking to permit the petitioner/appellant to raise the following additional grounds of appeal in the Second appeal.
(a) The lower appellate Court ought to have taken up I.A.No.22 of 2016, I.A.No.28 of 2016 and I.A.No.45 of 2017 along with the main appeal and therefore, the procedure adopted by not taking up I.A.No.22 of 2016, I.A.No.28 of 2016 and I.A.No.45 of 2017 along with the main appeal suffers from material irregularities.
(b) The finding of the lower appellate Court that the appellant herein did not produce any evidence in proof of this counter claim is selfcontradictory, in view of the applications having already been taken on file in I.A.No.22 of 2016, I.A.No.28 of 2016 and I.A.No.45 of 2017 with sufficient documentary proof in support of such counter claim.
2
P.T.ASHA. J,
srn
26.02.2024
srn
C.M.P.No.4166 of 2024 in S.A.No.63 of 2021
1 issue framed by the court
Whether to permit the raise of additional grounds of appeal seeking to permit the pesitioner to raise additional grounds of appeal.
Petitioner/Appellant
Respondents
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
