In Brief
In this civil appeal concerning neighbouring properties, the Supreme Court clarified the limits of appellate jurisdiction under the Code of Civil Procedure. The High Court had granted relief (removal of windows from the defendant's wall) that neither party had properly pursued on appeal. The Court held that an appellate court cannot grant relief in favour of a respondent who has not independently appealed for it, even when exercising broad discretionary powers. The appellants' appeal was allowed, setting aside the portion of the judgment concerning window removal, as the respondent had failed to file a cross-objection against its earlier rejection by lower courts.
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