Additional grounds in a pending appeal may be entertained when omission was inadvertent and the appeal was already timely filed.

Additional grounds in a pending appeal may be entertained where the appeal itself was filed in time and the earlier omission was inadvertent rather than wilful. The appellate process was treated as continuing, so a rigid time-limit for raising those grounds was not accepted as a bar to consideration. On that basis, refusal to receive and consider the additional grounds was found unjustified, and the petitioner was entitled to raise them before the appellate tribunal. The impugned order was set aside and the appeal was remitted for consideration on merits after receiving the additional grounds.

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Issues: Whether the appellate tribunal was justified in refusing to entertain additional grounds sought to be raised in the pending appeal.

Analysis: The appeal had already been filed in time, and the additional grounds were sought to be raised in the course of the same appellate proceedings. The omission to raise them earlier was found to be inadvertent and not wilful. The filing of additional grounds was treated as part of the continuing process of the appeal, and no rigid time-limit was accepted as a bar to their consideration. In these circumstances, refusing to receive and consider the additional grounds was held to be unjustified.

Conclusion: The refusal to entertain the additional grounds was erroneous, and the petitioner was entitled to raise them before the appellate tribunal.

Final Conclusion: The impugned order was set aside and the matter was sent back for consideration of the appeal on merits after receiving the additional grounds.

Ratio Decidendi: Additional grounds in a pending appeal may be entertained where the appeal is in time and the omission to raise them earlier was inadvertent, since their presentation forms part of the continuing appellate process.

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