Section 33. Power of Court of Appeal

33. Power of Court of Appeal.— 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] [and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees]: 2[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 from 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. 33. Discretion of Court in executing decrees for restitution of rights.— (1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree[5] [against a husband] for the restitution of conjugal rights or at any time afterwards, may order that the decree[6] [shall be executed in the manner provided in this rule.] conjugal rights.— (1) Notwithstanding anything in rule 32, the Court, either at the time of passing a (2) Where the Court has made an order under sub-rule (1)[7] *, it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall 1. Subs. by Act 104 of 1976, s. 72, for "Six months" (w.e.f. 1-2-1977). 2. Ins. by Act 29 of 1923, s. 2. 3. Subs. by Act 104 of 1976, s. 72, for "one year" (w.e.f. 1-2-1977). 4. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002). 5. Ins. by Act 29 of 1923, s. 3. 6. Subs. by s. 3, ibid ., for "shall not be executed by detention in prison". 7. The words "and the decree-holder is the wife" omitted by s. 3, ibid . make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments. (3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again review the same, either wholly or in part as it may think just. (4) Any money ordered to be paid under this rule may be recovered as though it were payable under a decree for the payment of money.