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Mukund Dharman Bhoir Vs. Shantaram Rajo Bhoir - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtMumbai
Decided On
Case NumberFirst Appeal No. 1 of 1924
Judge
Reported in(1926)28BOMLR627
AppellantMukund Dharman Bhoir
RespondentShantaram Rajo Bhoir
DispositionAppeal dismissed
Excerpt:
civil procedure code (act v of 1908), order xli, rule 33-objections to decree in absence of cross-objections-objections not allowed-practice.;where a party against whom a decree has been passed files no appeal, and no cross-objections when the opponent files an appeal, he cannot be allowed to dispute the decision of the court below against him.;bangam lall v. jhandu (1911) i.l.r. 34 all 32, followed. - - 32 satisfactorily shows that, in a case like this, the court would not be justified in applying the provisions of that rule......code, to contest the finding of the learned judge so far as it goes against her. but we think the reasoning in rangam lal v. jhandu i.l.r.(1911) all. 32 satisfactorily shows that, in a case like this, the court would not be justified in applying the provisions of that rule. ordinarily speaking, if a party against whom a decree has been passed files no appeal, and no cross-objections, when the opponent files an appeal, then he cannot be allowed to dispute the decision of the court below against him there is no reason whatever in this case why we should entertain such an application by the mortgagee, the ground on which she now desires to contest the finding of the lower court is founded on a different basis to that which was relied upon in the court below.2. application of.....
Judgment:

Norman Macleod, Kt., C.J.

1. His lordship first dealt with the questions of fact arising in the case, and than proceeded as follows:- The mortgagee has filed no cross-objections. She claims that she should be allowed, under O. XLI, r. 33, Civil Procedure Code, to contest the finding of the learned Judge so far as it goes against her. But we think the reasoning in Rangam Lal v. Jhandu I.L.R.(1911) All. 32 satisfactorily shows that, in a case like this, the Court would not be justified in applying the provisions of that rule. Ordinarily speaking, if a party against whom a decree has been passed files no appeal, and no cross-objections, when the opponent files an appeal, then he cannot be allowed to dispute the decision of the Court below against him There is no reason whatever in this case why we should entertain such an application by the mortgagee, The ground on which she now desires to contest the finding of the lower Court is founded on a different basis to that which was relied upon in the Court below.

2. Application of respondent to dispute finding rejected.


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