AIR 1981 ALLAHABAD 11 ::1980 All CJ 376 ::(1980) 6 All LR 489

Allahabad High Court

Hon'ble Judge(s): S. D. Agarwala , J

Civil P.C. (5 of 1908) , O.41 R.33— Scope - Rule is in wide terms Authorises appellate Court to make any order which ought to have been made in favour of any party although he may not have filed any appeal or objection. B filed suit for possession of shop and phar (open land) against tenant P. alleging that the shop had two doors one on eastern side and the other on western side, as two shops with main door and open land. The trial Court decreed the suit only for possession of eastern shop and dismissed it in respect of western shop and phar. P filed appeal against decree in respect of eastern shop. B filed appeal against @page-All12 dismissal of his suit in respect of phar but did not file appeal against dismissal of suit regarding western shop. The appellate Court held that one rationing number was assigned to both the shops with phar, that B purchased them and that P was tenant in respect of both shops and phar. In view of these findings, the appellate Court exercising power under O.41, Rule 33 allowed B's appeal and decreed his entire suit, P's appeal was dismissed. Held: O.41, Rule 33 is very widely worded : It also gives power to an appellate Court to pass a decree in favour of the appellant though appeal may have been filed against a part of the decree only. In terms, therefore, the appellate Court had juri....