DEORATI KUER Vs. PRABHA RAI

JUDGEMENT

(1.) ORIGINALLY , Sadhu Sharan Rai, the sole appellant had filed this First Appeal against the Judgment and Decree dated 23.4.1977 passed by the learned 5th Addl. Subordinate Judge, Siwan in title suit No.311 of 1972 / 34 of 1977. The plaintiff was respondent No.1, namely, Mostt. Deorati Kuer. On the death of the defendant appellant, Shadhu Sharan Rai, the sole plaintiff-respondent Mostt. Deorati Kuer was substituted in place of the defendant-appellant Shadhu Sharan Rai. Mostt. Deorati Kuer also died subsequently.

(2.) IT may be mentioned here that the respondent Mostt. Deorati Kuer had filed cross objection in the First Appeal. Therefore, the First Appeal and the cross objection are heard together.

(3.) NOW , the position is if the plaintiff, Deorati Kuer is treated as appellant then she again challenged the finding to the effect that the suit properties are joint family properties on the basis of which decree have been granted in her favour because so far the decree against her is concerned, she has filed cross objection. Further she is the appellant in the First Appeal also and is the cross objector in the First Appeal. The question will be whether a person who is the appellant in First Appeal can file a cross objection in the said First Appeal. In my opinion, there is no such provision in C.P.C. Moreover, she again challenged the decree which is in her favour and which was challenged by the defendant.