CPC Order 41 Rule 24 — Where evidence on record sufficient Appellate Court may determine case finally

Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the 4. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002). judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the Appellate Court proceeds.