SC: Resp. in appeal can support decree by challenging adverse findings

The Hon’ble Supreme Court, on 9thAugust 2019, in the matter of State of Andhra Pradesh & Ors. v. B. Ranga Reddy (D) By Lrs & Ors. pronounced that the respondent in an appeal is entitled to support the decree of the trial court even by challenging any of the findings that might have been rendered by the trial court against himself. However, while doing so it is not necessary for such respondent to file a memorandum of cross- objections when the decree appealed against itself is in his favour

The Hon’ble Supreme Court observed that:

The respondent in an appeal is entitled to support the decree of the trial court even by challenging any of the findings that might have been rendered by the trial court against himself. (Para 30)

For supporting the decree passed by the trial court, it is not necessary for a respondent in the appeal, to file a memorandum of cross- objections challenging a particular finding that is rendered by the trial court against him when the ultimate decree itself is in his favour. (Para 30)

In terms of Order XLI Rule 33 of the Civil Procedure Code, the Appellate Court has the jurisdiction to pass any order which ought to have been passed or made in proceedings before it. (Para 36)

If an issue in a civil suit has not attained finality, it is not a former suit to which there can be any application of Section 11 of the Civil Procedure Code. (This inference has been drawn on the basis of Para 38)

Copy of judgement: Judgement_09-Aug-2019

-Adv. Tushar Kausihk

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