CPC 1908 § Order XLI, Rule 33 — Power of Court of Appeal

Statutory text (English)

The Appellate Court shall have power to pass any decree and
make any order which ought to have been passed or made and to pass or make such further or other
decree or order as the case may require, and this power may be exercised by the Court notwithstanding
that the appeal is as to part only of the decree and may be exercised in favour of all or any of the
respondents or parties although such respondents or parties may not have filed any appeal or objection:
1[
Provided that the Appellate Court shall not make any order under section 35A, in pursuance
of any objection on which the Court from whose decree the appeal is preferred has omitted or refused
to make such order.]

Illustration
A claims a sum of money as due to him form X or Y, and in a suit against both obtains a decree
against X. X appeals and A and Y are respondents. The Appellate Court decides in favour of X. It has
power to pass a decree against Y.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XLI, Rule 33 (APPEALS FROM ORIGINAL DECREES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 172, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 172) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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