Deficiency/procedural infirmity in trial court judgment
R B Gupta
(Querist) 13 May 2016
This query is : Resolved
10 issues were framed by the trial court judge and while giving the judgement, he gave findings on 9 issues only. The judge also made an additional (new) issue and it's finding in the judgement. Under which law of CPC (or any other law), does this judgment become invalid, or has to be remanded back to trial court for re trial for the case.
Devajyoti Barman
(Expert) 13 May 2016
The judgment is perfectly alright unless the left out issue is material going to the root of the case.
At the time of passing judgment the judge can frame a new issue.
R.K Nanda
(Expert) 13 May 2016
file appeal in higher court against judgement.
Rajendra K Goyal
(Expert) 13 May 2016
File appeal if not satisfied with the decision.