CHOUDHARY SAHU (DEAD) BY LRS. vs STATE OF BIHAR

The Supreme Court held that under Order XLI, Rule 22 of the Code of Civil Procedure, a respondent can only support a decree and cannot challenge it without filing a cross-objection. In this case, the State of Bihar did not file an appeal or cross-objection against the Collector's order, thus the Commissioner erred in setting aside the finding in favor of the appellant. The Court emphasized that Rule 33 should be applied cautiously and is not appropriate in the circumstances of this case, leading to the allowance of the appeals and reinstatement of the Collector's order.