independent findings of court

rajnath desai (Querist) 16 January 2011 This query is : Resolved
In appeals, whether the courts are bound by pleadings made by parties or can it give an independent view to the entire case upon its own findings?

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Adv. Satyendra kumar chauhan (Expert) 16 January 2011
Courts, whether lower or appellate can not go beyonds the boundaries of pleadings or relief which is claimed. The concern of court is to give remedy in the light of pleadings of concern parties. but if any thing is left in pleading than there is provision in C.P.C. order 6 rule 17 so by amending the plaint or written statement one may find justice but that does not mean that you are free to change yours pleading up to that extent which may change the nature of case.

adv. rajeev ( rajoo ) (Expert) 16 January 2011
It cannot go for an independent findings.

Devajyoti Barman (Expert) 16 January 2011
Yes no court can go beyond the pleading. Moreover only in the first appeal the curt can take veiw of the facts afresh. In the second appeal the court can not consider the facts and evidence and it considers only the substantial question of law.

Kirti Kar Tripathi (Expert) 16 January 2011
Pleadings of the parties are foundation of the case and entire proceeding depends on pleadings of the parties. Court can not ignored the pleadings and give its findings, which are beyond the scope of pleadings.

Guest (Expert) 16 January 2011
Your query is very generalistic and non-comprehensible. However, I am hasten to comment that our Courts have inherent powers to do complete justice.

Advocate. Arunagiri (Expert) 16 January 2011
It can go into the entire case for making its own findings.

niranjan (Expert) 16 January 2011
The court can mould the relief also in the interest of justice.

Rohtash Babu Patel (Expert) 17 January 2011
Court cannot go beyond the pleading of the parties, even if there is evidence in this regard.

Amit Minocha (Expert) 17 January 2011
at the stage of appeals (as mentioned in querry) pleadings cannot be amended. Court has to stick to the pleadings, issues framed and decision thereof. Courts can not simply give views. Courts only to pronounce judgements on all the issues under Order XIV rule 2 CPC

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