Principle

CIVIL PROCEDURE — Pleadings — Raising Issue Suo Motu by Appellate Court — Whether Permissible Without Hearing Parties

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The adversarial system places the control of litigation in the hands of the parties. Courts are passive arbiters, not active protagonists. An appellate court cannot raise an entirely new legal issue not pleaded, argued, or contained in the record without affording the parties an opportunity…

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