Can an appellate court's findings extend beyond the subject matter of the appeal actually pending before it?
Coram: S.V.N. Bhatti; N.V. Anjaria
No. Where the impugned order traverses beyond the scope of the subject matter of the appeal before it, the findings to that extent are set aside and the underlying application is restored to be heard and disposed of afresh in accordance with law.
Scope of appeal — Appellate jurisdiction confined to subject matter — Court Receiver — Interim arrangement — Advocate Receiver — Scope of appeal — Confined to subject matter before the court — Held: An appellate court's scrutiny is confined to the subject matter of the appeal actually before it; findings traversing beyond that scope are set aside and the underlying application restored to be heard afresh in accordance with law. (¶15) Gujarat Tenancy and Agricultural Lands Act, 1948 — s.32G — Interim arrangement — Advocate Receiver — Held further: In the connected tenancy dispute, the interim status quo arrangement is modified to substitute an Advocate Receiver for administering the subject property pending the Special Civil Applications, subject to the final outcome. Civil Appeals disposed of accordingly. (¶16, 17)
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