c p c 1908

Querist : Anonymous (Querist) 15 January 2012 This query is : Resolved
Lower court decreed the suit for eviction against three person all co-sharer but only one appealed against the decree. In appeal the decree of lower court is set aside. Whether now decree of lower court is binding against other two person?

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Devajyoti Barman (Expert) 15 January 2012
When the decree is set aside is et aside ti looses any of its force.
SO when there is no decree the re is no question of its application whether fully or partly upon any of the defendants.

Advocate. Arunagiri (Expert) 15 January 2012
Whether the share of the property is demarked?

Raj Kumar Makkad (Expert) 15 January 2012
Decree passed in toto is set aside hence the same cannot be executed against the remaining 2 JDs who didn't file appeal. The benefit of upper court shall also go to them.

Nadeem Qureshi (Expert) 15 January 2012
Dear Querist
As per Ld friend it is applicable all the JD

M/s. Y-not legal services (Expert) 16 January 2012
its according to the contents of the judgement..

if its colluded suit mean all defendants wont like to proceed further., the aggrieved person only will like to do appeal. he is contesting appellant.

-tom-

Shailesh Kr. Shah (Expert) 16 January 2012
Whether now decree of lower court is binding against other two person?

Answer: yes only, when property is demarcated and subject to both judgement.