Mukund Dharman Bhoir vs Shantaram Rajo Bhoir and Others

Macleod, C.J.—(After dealing with the questions of fact the judgment proceeded.) The mortgagee has filed no cross-objections. She claims that she should be allowed, under Order 41, Rule 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 [1911] 34 All. 32 satisfactorily shows that, in a casa 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.