PREMA AGARWAL Vs. OM PRAKASH GAUTAM AND ANOTHER

JUDGEMENT

(1.) THE facts in brief shorn of details and necessary for the disposal of this appeal He in a narrow compass : Plaintiffs had instituted a Civil Suit No. 464-A/1991 against the respondents-defendants for eviction and mesne profits of the suit shop which was decreed by the judgment and decree dated 27-2-1997 of Second Civil Judge Class II, Gwalior. Respondents preferred a Civil Appeal No. 24/97 which was decided by judgment and decree dated 13-3-1998 by 8th Additional Judge to the Court of District Judge, Gwalior, which was partly allowed only to the extent of reducing the rate of mesne profits; against which this second appeal has been admitted on following substantial questions of law :

(2.) LEARNED counsel of the respondents has raised a preliminary objection to the effect that in Second Appeal against the impugned judgment appellants-plaintiffs have not raised any point regarding reduction of rent and mesne profits by way of cross-objection or cross-appeal.

(3.) LEARNED counsel of the appellants, on the other hand has contended that he is free to file a separate appeal regarding quantum of mesne profits, if it is filed within the period of limitation. I am of the opinion that there is no law placing any barrier on filing a separate appeal against the impugned judgment if the cross-objections were not raised in an appeal preferred by other party against the same judgment,