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seeking relief against a co-
respondent by way of cross-objection-Power of Court of
Appeal-Code of Civil Procedure ... leave of the High Court to file a cross-objection and also
for decrees to be passed against the Deputy
Supreme Court of India
SCALE (2)874
ACT:
Question regarding maintainability of cross-objection
in appeal-order 41, rules 22 and 33 of Civil ... Madan Mohan, as the third
respondent. The Math Preferred cross-objection. Madan Mohan
did not do any thing. The Division
Supreme Court of India
Whether the respondents, not
having filed an appeal or cross-objection in regard to the
pecuniary damages ... been in his favour, and may also take any cross
objection to the decree which he could have taken
Supreme Court of India
prefer any appeal of his own nor filed any cross-objection.
While holding the appeals preferred by the appellants liable ... respondent without there being any appeal or cross-objection
preferred by the respondent. The High Court opined that
Supreme Court of India
appeal filed under Section 39 of the Act, cross
objection filed under Order 41 Rule 22 is maintainable. Sections ... been in his favour; and
may also take any cross-objection to the decree which he could have
taken
Supreme Court of India
CROSS OBJECTION
.............................................
Dated this the 7th day of July, 2010.
J U D G M E N T
This ... dissatisfied
with the quantum, the plaintiffs have filed a cross objection.
2. Heard the learned counsel for the appellants
Kerala High Court
order' in s. 7(1). [151 F]
(iii) A cross-objection is a memorandum of appeal in.
substance though ... aggrieved by that order. The memorandum
of cross-objection is but one form of appeal, It takes the
place
Supreme Court of India
appeal, could still be treated as a cross objection under Order 41 Rule
22 of the CPC which having been ... filed within the prescribed period of
limitation for filing cross objection the same deserved to be heard and
decided
Supreme Court of India
defendant-appellant, but without
any appeal or cross-objection having been preferred by the
plaintiffs-respondents against that part ... respondents. The
respondents had not preferred any appeal or cross objection. The
learned Subordinate Judge then expressed himself as follows
Patna High Court
defendants 1 to 4, the plaintiff filed a
cross-objection as against defendant 5 who was made a co-defendant ... dismissed in
the lower appellate Court but the cross-objection was allowed and the
suit was decreed on contest against
Calcutta High Court
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