Adverse Possession Plea Can't Be Raised For First Time At Appellate Stage : Supreme Court

The Supreme Court ruled that parties must plead adverse possession claims during the trial and cannot raise them for the first time on appeal.

A Bench of Justices J.B. Pardiwala and R. Mahadevan overturned a Jharkhand High Court judgment that allowed a second appeal after adverse possession was first raised in the First Appellate Court. 

The Court ruled that under Order VI, Rule 2 of the CPC, pleadings must state the case and issues must be framed accordingly. 

Without foundational pleadings, issues or trial evidence, a surprise adverse possession plea on appeal violates the principle of secundum allegata et probata and cannot succeed.