BECHARBHAI GANDABHAI Vs. RATHOD GEMABHAI SHANKERBHAI OF CHUVA

JUDGEMENT

(1.) DESPITE service of notice on appellants Nos.1 and 3 and deletion of appellant No.2, none appears for the appellants.

(2.) THE respondent has filed his cross objections under Rule 22 of Order XLI of the Code of Civil Procedure, 1908 ("the Code" for short), which provides that if an appeal is dismissed for want of prosecution, the cross objections will still have to be decided by the Court.

(3.) PRESENT is a suit for possession of house and mesne profits. The defendants appeared before the Court and contested the matter, after hearing the parties, the learned trial Court decreed the suit, but, refused to grant any mesne profits on the ground that the parties were relations and it would, therefore, not be necessary to grant the decree for mesne profits. The defendants, being aggrieved by the said judgement and decree, preferred regular appeal under Section 96 of the Code and upon service of the notice, the plaintiff filed his cross objections requesting the Court that a decree for mesne profits be granted.