The Appellate Court shall have power to pass any decree and make any order which
ought to have been passed or made and to pass or make such further or other
decree or
order as the case may require, and this power may be exercised by the Court
notwithstanding that the appeal is as to part only of the decree and may be
exercised in favour of all or any of the respondents or parties, although such
respondents or parties may not have filed any appeal or objection and may, where
there have been decrees in cross-suits or where two or more decrees are passed
in one suit, be exercised in respect of all or any of the decrees, although an
appeal may not have been filed against such decrees:
Provided that the Appellate Court shall not make any order under section 35A in pursuance of any objection on which the Court from whose decree the appeal is preferred has omitted or refused to make such order.
Illustration
A claims a sum of money as due to him from X or Y, and in a suit against both
obtains a decree against X. X, appeals and A and Y are respondents. The
Appellate Court decides in favour of X. It has power to pass a decree against Y.
Order XLI Rule 26 CPC Findings and evidence to be put on record. Objections to findings
Order XLI Rule 26A CPC Order of remand to mention date of next hearing
Order XLI Rule 27 CPC Production of additional evidence in Appellate Court
Order XLI Rule 28 CPC Mode of taking additional evidence
Order XLI Rule 29 CPC Points to be defined and recorded
Order XLI Rule 30 CPC Judgment when and where pronounced
Order XLI Rule 31 CPC Contents, date and signature of judgment
Order XLI Rule 32 CPC What judgment may direct
Order XLI Rule 33 CPC Power of Court of Appeal
Order XLI Rule 34 CPC Dissent to be recorded
Order XLI Rule 35 CPC Date and contents of decree
Order XLI Rule 36 CPC Copies of judgment and decree to be furnished to parties
Order XLI Rule 37 CPC Certified copy of decree to be sent to Court whose decree appealed from