Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Appellate Court's Power to Pass Any Decree (Order XLI Rule 33 CPC)
Jurisdictional & Appellate Practice Terms
Definition
An extraordinary procedural power allowing an appellate court to pass any decree or make any order which ought to have been passed, in favor of all or any of the parties, even if such party has not filed any appeal or cross-objection.
Example
Three siblings are co-defendants in an adverse land partition decree. Only one sibling appeals. The High Court finds the entire suit invalid; under Order XLI Rule 33 CPC, the High Court reverses the decree in favor of all three siblings, including the two who did not appeal.