Supreme Court of India (Fazal Ali and Misra, JJ.; judgment by Misra, J.), December 14, 1981 — Eight appeals by special leave from the Patna High Court's judgment of 24-9-1976 in C.W.J.C. Nos. 1631, 1614, 1618, 1617, 1594, 1616, 1615 & 1593 of 1976, raising a common question on the scope of Order XLI, Rules 22 and 33 CPC, made applicable to appeals under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 by Rule 49 of the 1963 Rules. The Collector (order dated 23-2-1975) allotted twelve units to the ceiling appellant; the State did not appeal; the Commissioner (14-5-1976) nevertheless allowed the appellant's appeal, set aside the Collector's order in toto and remanded; the High Court confirmed the Commissioner's order relying on Order XLI Rule 22. HELD: (i) the first part of Order XLI Rule 22(1) authorises a respondent only to SUPPORT the decree — on grounds decided for or against him — not to challenge it; challenge lies only through a cross-objection (or appeal); the State having filed neither, the Commissioner could not reverse the finding in the appellants' favour under Rule 22(1). (ii) Order XLI Rule 33, being widely expressed and in derogation of the principle that a party cannot avoid a decree against him without appeal or cross-objection, must be applied with caution; it does not permit unrestricted re-opening of decrees that have become final merely because the appellate court disagrees; it is ordinarily confined to cases where interference in favour of the appellant necessitates further interference to adjust the parties' rights, regard being had to limitation, court fees and other provisions. On these facts Rule 33 power could not be invoked; the Commissioner and the High Court committed a manifest error. Nirmala Bala Ghose (1965) 3 SCR 550 and Giani Ram (1969) 3 SCR 944, followed. Appeals allowed; orders of the High Court and Commissioner set aside insofar as they contradict the Collector's finding in the appellants' favour; remand order intact for other points; parties to bear their own costs.
