Shamim & Ors. vs State & Ors.
2014 Latest Caselaw 3825 Del

WPMS No. 1286 of 2005
Hon'ble Alok Singh, J.

Mr. M.S. Tyagi, Advocate for the petitioners.

Mr. N.S. Pundir, Brief Holder for the State.

Learned counsel for the petitioners is correct in submitting that Appellate Court has ample power to pass such order, judgment or decree which ought to have been passed notwithstanding whether any cross appeal or cross objection is filed or not. In other words, learned counsel for the petitioners submits that without there being any cross appeal or cross objection, Appellate Court may consider the arguments of both the parties and may pass appropriate orders in an appeal which ought to have been passed otherwise in view of the dictum Order 41 Rule 31 of the C.P.C.

Mr. N.S. Pundir, learned Brief Holder, appearing for the State, fairly submits that as per scope of Order 41 Rule 33 C.P.C., Appellate Court is competent to pass appropriate order, judgment or decree without there being any cross appeal or cross objection.

In view of the above, learned counsel for the petitioners, seeks permission to withdraw this writ petition with liberty to raise all the points before the Appellate Court.

Permitted to be withdrawn with the aforesaid liberty.

However, Appellate Court shall decide the appeal at its own merit in accordance with law, keeping in mind the principle of Order 41 Rule 33 of the C.P.C.

(Alok Singh, J.) Dated 20.08.2014 Shiv