CPC Case Brief – Banarasi v. Ram Phal (cross objections and power of appellate court)

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  • The appeals raise a short but interesting question of frequent recurrence as to the power of the appellate court to interfere with and reverse or modify the decree appealed against by the appellants in the absence of any, cross-appeal or cross-objection by the respondent under Order 41 Rule 22 of CPC and the scope of power conferred on the appellate court under Rule 33 of Order 41 CPC.
  • Thus it is clear that just as an appeal is preferred by a person aggrieved by the decree so also a cross-objection is preferred by one who can be, said to be aggrieved by the decree. A party who has fully succeeded in die suit can and needs to neither prefer an appeal nor take any cross-objection; though certain finding may be against him. Appeal and cross-objection, both are filed against the decree and not against the judgment and certainly not against any finding recorded in a judgment.

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