The Hon’ble Supreme Court while testing an impugned judgment in which the Hon’ble High Court had framed four substantial questions of law which were neither raised before the trial court nor opportunity was given to the parties to lead evidence for the same, and it was held that an appellate court cannot create a new case by framing additional issues and is obligated to decide the issues involved in the suit based on the pleadings of the parties. The court referred to Order XLI, R. 25 of CPC., that empowers the appellate court to frame issues and remand the same for trial to the court whose decree is appealed from, if necessary.
