Learned Members,
I was the advocate for defendant against whom the defamation case was filed by his mother in law claiming damages of Rs.10,00,000. The said suit is dismissed. Now the plaintiff has filed an appeal against the judgement and decree restricting her claim to Rs.200,000./-. by paying the CF for only Rs.200,000/-
My opinion is that in an appeal claim cannot be restricted . Plaintiff has to pay the CF on the amount whatever she paid in the lower cour, otherwise appeal is not maintainable.
Let me know whether I am right or wrong. If any citations available plese let me know.
