GANGA DHAR MURADI Vs. BANABASHI PADIHARI

JUDGEMENT

(1.) This is an appeal from the District Judge of Cuttack in a suit brought to recover possession of certain properties.

(2.) The Judge of the first Court granted the plaintiff a decree for possession against defendant No. 6 and directed payment of salami by defendants Nos. 1 to 5. The plaintiff appealed with the result that the Appellate Court so far from modifying the decree of the first Court in his favour, deprived him of what had been awarded to him though no cross-appeal or cross- objection had been filed by any of the defendants. The result then is that the appellant by reason of his appeal is in a much worse position than he was before he preferred his appeal.

(3.) It is argued that the decree of the lower Appellate Court is justified by Rule 33 of Order XLI. There is no doubt that the words of that rule are widely expressed, but they must be applied with discretion.