AIR 1916 MADRAS 907

Madras High Court

Hon'ble Judge(s): Seshagiri Aiyar, Phillips , JJ

Civil P.C. (5 of 1908) , O.41 R.33— Separate decrees against separate defendants in same suit - Plaintiff and one set of defendant appealed - Appellate Court dismissed the whole suit - Held there being no common ground between the two sets of defendants, suit could not be dismissed in toto. In a suit on a mortgage-deed, separate decrees were passed against the 1st defendant and defendants Nos. 2 and 3. The plaintiff appealed against the decree in so far as it exonerated defendants Nos. 2 and 3 from liability for a portion of the claim, and defendants Nos. 2 and 3 filed cross-objections, but the 1st defendant did not appeal. The Appellate Court, however, dismissed the suit as against all defendants. On second appeal by the plaintiff : Held, that as the memorandum of cross-objections by defendants Nos. 2 and 3 did not proceed on any ground common to them and the 1st defendant and as the 1st defendant did not appeal, the District Judge was not justified in interfering with the decree against him.