A sues B for damages for personal injury and obtains a decree for Rs 2 000 B appeals from the decree...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

A sues B for damages for personal injury and obtains a decree for Rs. 2,000. B appeals from the decree on the ground that he is not liable. A files cross objections claiming enhanced damages. Pending the appeal B dies.

B’s legal representative may carry on the appeal to get rid of the decree

A’s cross objections claiming more damages on the original right of suit abate

Both (A) and (B)

None of these

छोटे Courses बड़े Results

Master Judgment and Decree

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: When B, the defendant, dies during the appeal process, B’s legal representative has the right to continue the appeal to contest the original decree. This ensures that B’s appeal doesn't automatically fail due to his death.

- Option 2: A's cross objections for enhanced damages pertain to the original right of suit against B. When B dies, these cross objections do not survive because they are considered tied to B's personal liability, which is a matter typically abating upon death unless laws specify otherwise.

- Option 3: Both options explained above are correct. B's legal representative can continue the appeal, and A's cross objections abate.

- Option 4: Is incorrect as both Options 1 and 2 are valid.