Power of appellate court

Appellate court while hearing the appeal had power to examine every interim order as well as all proceedings conducted by the Trial Court.

If a part of decree was against a party then without filing of cross objections such part of decree could not be reversed

When there were findings on any issue against any party then even without filing of cross objections or cross appeal, Appellate Court had full powers and jurisdiction under O. XLI, R. 33, C.P.C. to scrutinize such findings.

Appellate Court was not supposed to examine a new/fresh defence (plea of res judicata) at appellate stage.

Appellate Court, if considered that evidence was necessary to be recorded, had powers to direct the Trial Court to record the same and give the findings and send to it but the Revisional Court had no such powers except in special circumstances

Jurisdiction of Revisional Court was supervisory jurisdiction and said court could set aside the order under revision but could not pass an order in every case in terms of O.XLI, R.25, C.P.C.

Suit for possession of immovable property was dismissed concurrently, however the Appellate Court had reversed findings of the Trial Court on two issues before dismissing the suit

Contention of the plaintiff was that since findings of the Trial Court were reversed, the suit ought to have been decreed

Validity

Findings recorded by Appellate Court with regard to the said issues were not in accordance with law and were reversed by High Court

Findings of the Appellate Court on the said issues could be scrutinized by the High Court even if the cross-objections in accordance with O. OXLI, R.33, C.P.C. had not been filed by the defendants

Law of limitation had been rightly applied by the courts below which under S.3 of the Limitation Act, 1908 were bound them-selves to apply

Revision was dismissed in circumstances.