In my appeal where in we are the defendants, the appellants have taken a ground that by discussing all the issues in the suit together the trial court has committed an error. Now, are there any guidelines or orders or judgments which can throw some light on this? Can a technical error in a judgment cause the suit to be remanded when there is no merit in the case of the plaintiff's. My case put was in this forum at https://www.kaanoon.com/20176/transfer-of-property-in-a-housing-co-op some time back - we are in the midst of the final hearing in the appeal court now. While my common sense says mere technical errors cannot lend merit to a dismissed plaint. I need some opinions. Thanks Sumit Basu
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1. Trail court generally take decisions on all issued together in a civil suit and no separate hearing is done for separate issues.
2. This is not a technical error in the judgement every judgement contains order on all issues framed in a civil suit.
The reason for appeal can be found in the memorandum of grounds of appeal.
For the purpose of appeal the appellants can mention anything which they find to be a favorable situation to their case.
You can challenge their appeal on the grounds that you rely upon and get their appeal dismissed.
Appeal court have all powers of a trail court in a appeal. The said technical ground can be cured by the said court
Court has to deal with each issue And then pass orders
appellate court can set aside order if there is technical error in judgment
Without seeing the plant and judgment passed in the suit it is very difficult on the merit of the appeal.
There is no bar for the trial court to discuss all issues together unless the issues are so fundamentally different form each other that all the issues can not be taken together while adjudicating the dispute.
So the pleading and the judgement assailed in appeal needs to be seen.
This depends on magnitude of error committed. Mere lapse of technicality which dose not make any difference to core of trial, no reason to admit appeal.
A trial court decided all issues which are interconnected, together. This cannot be a plea that it caused any injustice.
If it did cause injustice then the person has to show the same.
