CHOUDHARY SAHU (DEAD) BY LRS. versus STATE OF BIHAR

CHOUDHARY SAHU (DEAD) BY LRS. versus STATE OF BIHAR

Appellate court cannot reverse findings in favour of appellant regarding allotment of units when respondent did not file appeal or cross-objection; Order 41 Rule 22 CPC only permits respondent to support decree, not to challenge it. Facts did not warrant exercise of power under Order 41 Rule 33 CPC.

Source-derived case information.

Parties
Appellant: Choudhary Sahu (dead) by LRs.; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
14 December 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
appeals allowed
Legal Topics
Scope of Order 41 Rule 22 and Rule 33 CPC, Bihar Land Reforms (fixation of Ceiling Area and Acquisition of Surplus Land) Act, Cross Objection Procedure, Appellate Court Powers
Civil Procedure Land Law Scope of Order 41 Rule 22 and Rule 33 CPC Bihar Land Reforms (fixation of Ceiling Area and Acquisition of Surplus Land) Act Cross Objection Procedure Appellate Court Powers

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Parties

Choudhary Sahu (dead) by LRs.

Appellant

State of Bihar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the appellate court can reverse findings in favour of an appellant when the respondent did not file an appeal or cross-objection under Order 41 Rule 22 CPC
  2. 2 Scope and exercise of appellate powers under Order 41 Rule 33 CPC

Ratio Decidendi

Appellate court cannot reverse findings in favour of appellant regarding allotment of units when respondent did not file appeal or cross-objection; Order 41 Rule 22 CPC only permits respondent to support decree, not to challenge it. Facts did not warrant exercise of power under Order 41 Rule 33 CPC.

Court Disposition

appeals allowed

Orders

  • Order of High Court and Commissioner set aside insofar as it relates to Collector's finding in favour of appellants.
  • Remand order remains intact regarding other points.