Cross-Objection In Appeal

Cross - Objection in an appeal may be filed by respondent as per Rule 22 of Order 41 of C.P.C.

                             

- Any respondent may  support decree but may also state that the finding against him in the court below in respect of any issue ought to have been in his favour without filing cross objection.

- Respondent shall or obligatory on him to  file cross objection against any part of the decree which is against him if he intends to assail it.

- Cross objection shall be filed within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal or within such further time as the appellate court may see fit to allow.

- Cross objection shall be in the form of memorandum of appeal & the provisions of appeal shall apply thereto.

- In any appeal cross objection filed by respondent , the original appeal is withdrawn or is dismissed for default the cross objection filed nevertheless be heard & determined after such notice to the other parties as the court thinks fit.

- Generally cross objection against co - respondents not maintainable. But in exceptional case it's maintainable.

- S. 5 of Limitation Act as well as Rule 3A of order 41 of C.P.C. applies to cross objection so it may be filed after expiry of limitation along with delay application.

..... Relevant Judgement......

1) Shri Ravindra Kumar Sharma v/s The State of Assam & Ors A.I.R. 1999 S.C. 3571 = 1999(7) SCC 435. = 1999 SAR 838

2) Hari Shankar Rastogi v/s Shri Sham Manohar & Ors 2005 SAR 315

3) Parsu Antu Bardeshkar v/s Tamas Sahu Bardeshkar 1978 Mh.L.J.572 = 1979(8)81 Bom.L.R.359

4) S. Nazeer Ahmed v/s State Bank of Mysore A.I.R.2007 S.C.989 = 2007(3) All.M.R.379(S.C.)

5) Hardevinder Singh v/s Paramjit Singh & Ors 2013(3) SCC 261 = 2013 SAR 169= 2014(2) Mh.L.J.126

........ Please Comment & give Suggestions...