Saravanamuthu vs. Packiyam and Another – sllr 2012 volume 1 page 298

In the case between the Plaintiff–Respondent–Petitioner (Appellant) and Defendants–Appellants–Respondents (Respondents), the court addressed whether a retrial can be ordered by an appellate court without first setting aside the District Court judgment, and the extent to which appellate courts are confined to issues actually raised by the parties. The sequence of events began with the District Court granting reliefs sought by the Appellant, followed by the High Court ordering a retrial due to discrepancies in the identification schedules of the Plaint and the Answer. The Appellant contended that the order for retrial exceeded the High Court’s jurisdiction, given the corpus identification issue was not contested at trial. Upon review, the Supreme Court determined that a retrial was unwarrant