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Order XLI Rule 33 CPC

1 articleLatest May 2026
Order XLI Rule 33 CPC | Appellate Court Can Adjudicate Unchallenged Eviction Grounds If Evidence Supports : Calcutta HC
Case Law Analysis
|Calcutta High Court

Order XLI Rule 33 CPC | Appellate Court Can Adjudicate Unchallenged Eviction Grounds If Evidence Supports : Calcutta HC

The Calcutta High Court reinforced that appellate courts may independently adjudicate unchallenged eviction grounds under the West Bengal Premises Tenancy Act if evidence supports them, even when the trial court declined to rule on those grounds. This ruling clarifies the scope of appellate powers in tenancy disputes, ensuring substantive justice over procedural technicalities.