CROSS OBJECTIONS
IINTRODUCTIONNTRODUCTION,, MMEANING ANDEANING ANDNNATUREATURE
Order 41 Rule 22 is a special provision permitting the respondent who has not filed an appeal against the decree to object to the said decree by filing cross-objections in the appeal filed by the opposite party. Filing of cross objections is optional and voluntary. The provision is permissive and enabling and not peremptory or obligatory. Where the suit is partly decided in favour of one party and partly in favour of another, and one party files the appeal, the other party may either file a cross appeal or a cross objection or he may simply support the decree.
Cross objections are filed by the respondent against the appellant in an appeal filed by the appellant against the respondent.61 One cannot treat an objection b y the respondent against the appellant as a cross objection if the appellant has no interest in it. The appeal is by the appellant against a respondent, the cross objection must be an objection by a respondent against the appellant.62
It has all the trappings of an appeal. The mere distinction between the two thus lies in the fact that whereas cross objections form part of the same record, cross appeals are two distinct and independent proceedings.63
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WHOHOCCANANFFILEILECCROSSROSSOOBJECTIONSBJECTIONS??
Cross objections can be filed by the respondent if:
1. he could have filed an appeal against any part of the decree64; or
2. he is aggrieved by any finding in the judgment, even though the decree is in his favour.65
This right to file cross objections is substantive in nature and not merely procedural.66
61 C.K. Takwani, “Civil Procedure Code”, Eastern Book Company, Lucknow, Seventh edition, 2013, p.502. 62
Vadlamudi Venkateshwarlu v. Ravipati Ramamma, AIR 1950 Mad 379.
63 N. Jayaram Reddy v. Revenue Divisional Officer, AIR 1979 SC 1393. 64
O. 41 R. 22(1).
65 O. 41 R. 22(1) Explanation. 66
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AGAINST WHOMGAINST WHOMCCROSSROSSOOBJECTIONS CAN BEBJECTIONS CAN BEFFILEDILED??
Ordinarily, cross objections may be filed only against the appellant. However, in exceptional cases, one respondent may file cross objection against the other respondents or any of them, for instance, when the appeal by some of the parties cannot effectively be disposed of without opening the matter as between the respondents inter se, or in a case where the objections are common as against the appellant and co-respondent.67
The principle that no decision can be made against a person who is not a party to the proceedings applies to cross-objections also. Hence, cross objections cannot be allowed against
a person who is not a party to the appeal.68
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WHENHENCCROSSROSSOOBJECTIONS CAN BEBJECTIONS CAN BEFFILEDILED??
The provisions of Order 41 Rule 22 contemplate right to file cross objections only when an appeal is filed and also when such appeal is admitted by the appellate court and notice is issued on the respondent.69 Mere posting of preliminary hearing of an appeal is not enough.70
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AMBIT ANDMBIT ANDSSCOPECOPE
Where the respondent has filed cross objections, even if the srcinal appeal is withdrawn or dismissed for default, they will be heard and decided on merits.71 Where an appeal is withdrawn
or dismissed for default and the cross-objections are decided on merits, restoration of appeal and rehearing will not automatically warrant rehearing of cross objections.72
But where the appeal is dismissed as time barred, or has abated or is held to be not maintainable, the cross objections cannot be heard on merits as they are contingent and dependent upon the hearing of the appeal.73
67 Ibid.
68 C.K. Takwani, “Civil Procedure Code”, Eastern Book Company, Lucknow, Seventh edition, 2013, p. 504. 69
Balwant Singh v. State of MP, 1986 MPLJ 571.
70 C.K. Takwani, “Civil Procedure Code”, Eastern Book Company, Lucknow, Seventh edition, 2013, p. 504. 71
O. 41 R. 22(4).
72 Nanoo Gopinathan v. Neelakantan Balakrishnan, AIR 1990 Ker 197. 73
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A cross appeal may be treated as cross objection only if such appeal is filed after the other appeal and not if it is filed before that appeal.74
F FORMORM
Cross Objections shall be in the form of a memorandum of appeal and they should be served on the party affected thereby or his pleader.75
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LIMITATIONIMITATION
Cross Objections can be filed within one month from the date of service on the respondent or his pleader of the notice of the date fixed for hearing of the appeal.76 The appellate court may, at its discretion, extend the period within which cross objections can be filed.77 The discretion,
however, must be exercised judicially and on sufficient cause for delay being shown and is open to review by the superior court.78
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CROSSROSSOOBJECTION AGAINSTBJECTION AGAINSTFFINDINGINDING
Explanation to Rule 22(1) of Order 41 was added in 1976 and it reads as follows:
A respondent aggrieved by a finding of the Court in the judgment on which the decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other finding which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that respondent.
The position, however, of filing an appeal against finding has remained as it was before the amendment.
74
Nripjit Kaur v. Sardar Satinder Singh, AIR 1955 Punj 190.
75 O. 41 R. 22(2). 76
O. 41 R. 22(1).
77 Vishwa Nath v. Maharaji, AIR 1977 All 459.
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PROCEDURE ANDROCEDURE ANDCCOURTOURTFFEESEES
The appeal and cross objections should be heard together and they should be disposed of by a common judgment incorporating the decisions on both. This approach seeks to avoid contradictory and inconsistent decisions on the same questions in one and the same suit.
Court fees is payable on cross objection like that on memorandum of appeal, as it is like an appeal.
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CROSSROSSOOBJECTIONS BYBJECTIONS BYIINDIGENTNDIGENTPPERSONSERSONS Rule 22(5) reads as under:
The provisions-relating to appeal by indigent persons shall, so far as they can be made applicable apply to an objection under this rule.
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OMISSION TO FILEMISSION TO FILECCROSSROSSOOBJECTIONSBJECTIONS
A party in whose favour a decree has been passed has a substantive and valuable right which should not be lightly interfered with. As an ordinary rule, in absence of a cross appeal or a cross objection by a respondent, the appellate court has no power to disturb the decree of the lower court so far as it is in favour of the appellant. This is however subject to the provisions under Order 41 Rule 33.79 It reads as follows:
33. Power of Court of Appeal 33. 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 and may, where there have been decrees in cross-suits or where two
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or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees:
Provided that the Appellate Court shall not make any order under section 35A, in pursuance of any objection on which the Court from whose decree the appeal is preferred
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