Principle

APPELLATE PRACTICE — Issue Raised Suo Motu — Distinction Between Validity and Non-Service

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Validity and non-service of service are essentially the same issue. The principle applies to appellate practice. The court did not raise a new issue suo motu. The rule prevents technical distinctions. The appellant cannot avoid the issue by recharacterising it. The principle is well-established.

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