8. First of all I would like to dilate upon
the issue whether the Appellate Court could
increase quantum of maintenance allowance of the
respondents/minors in the absence of their appeal
against the decree of the Family Court. In this
context Rule 33 of Order 41 of CPC is very much
relevant which reads as under:-
“ 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.”
Part of Judgment of
Lahore High Court
WP- Family Law
1447-10
2015 LHC 8916
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