Law: Civil Procedure Code (V of 1908)

Section: 100

  Civil Procedure Code (V of 1908), S. 100-Second appeal- Pre-emption suit-District Judge categorically stating in judgment that sole point argued before him was that of "cost of improve ments"-Presumption that appellant had abandoned remaining grounds of attack-Appellant filing no affidavit in support of con tention that ground of "superior right of pre-emption" had not been abandoned-Cannot be permitted to agitate such point.     ORDER   The learned counsel tried to challenge the decision of the District Judge affirming the decree for possession by pre-emption, on the ground that the learned District Judge had not addressed himself to issue No. 1 pertaining to the preferential right of the parties in particular when the same was raised in the grounds of appeal. In para.' 3 of the judgment, the learned District Judge stated:   "The only point that has been argued before me is the estimate of the cost of improvements". In other words, the appellant had waived all the grounds on which the judgment and decree of the trial Court was challenged barring that of the cost of improvements.   A short question which arises in this appeal is whether in such a situation the appellant can be permitted to challenge the decision of the trial Court on the ground that all the grounds on which the judgment and decree was assailed in the memoran dum of the appeal had not been dealt with by the Appellate Court. The question admits of a short answer and in the nagative in that it is well established principle of law that a party is at liberty to give up some of the grounds on which the judgment and decree is attacked and confine the challenge to…