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 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.
THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on hearing
Order XLI Rule 24: Where evidence on record sufficient Appellate Court may determine case finally
The Code of Civil Procedure, 1908