Code of Civil Procedure, 1908–Order 41, Rule 33–Scope for exercising the powers–Respondent no. 1 neither filed any appeal against the judgment of trial Court nor filed cross-objection in the appeal preferred by the appellant–Whether the High Court could exercise the power under Order 41, Rule 33 ?–Held, no–Approach of High Court in regard to grant of occupancy rights is not justified–Impugned judgment set aside and matter remanded back for deciding afresh.
