Code of Civil Procedure, 1908–Order 41, Rule 23, 23-A & Order 41, Rule 22–Dismissal of eviction suit with the view that the defendant was the tenant of the plaintiff and he did not commit any default in paying rent–Plaintiff’sappeal without challenging the first part of findings–No cross-objection by defendant over this issue–Whether the first appellate Court was having jurisdiction to examine the legality and correctness of these findings ?–Held, no–High Court also committed the mistake by not noticing the above jurisdictional
error–Matter is liable to be remanded back to first appellate Court for deciding only the issues which were decided against the plaintiff–Furtherheld, defendant will not be allowed to file the cross-objection at such belated stage.
