The Lower court had partly decreed the original suit in favour of the Plaintiff in a declaration suit based on oral gift during marriage and proven plaintiff's possession of the suit schedule property. In the appeal filed by the Defendant the the higher court has confirmed the part decree of the lower court and has further declared that the Plaintiff in the original suit (the respondent in the appeal) is the absolute owner of the suit property based on her possession of the property and the fact that she was the daughter of the original owner. In the appeal but the court while passing orders / judgement has not made any mention of the cross objection by the respondent ie. it has not taken into consideration the cross objection filed by the respondent despite the fact that the orders have been passed in her favour completely.
Now the question is it valid if an order not sought by the respondent is granted in her favour by the court in an appeal filed by the aggrieved party. It is further important to mention here that the requisite process fee has been paid but no such mention has been made in the judgement, these observation are part of the order sheet only.
The poor litigant has been affected by the action of the appeal court not making the important observations with regards to Cross Objection and payment of requisite court fee, now the petitioner has got an status- quo order from high court sighting that the court has given relief to the respondent not sought by her.
Now what is the remedy for the the respondent (the Plaintiff in Original Suit).
Kindly Help
