Supreme Court · 2005 INSC 151 · Decided 16 March 2005
Hari Shankar Rastogi v. Shri Sham Manohar and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 151 · [2005] 2 S.C.R. 950
- Case number
- CIVIL APPEAL No. 1787/2005
- Decided
- 16 March 2005
- Bench
- S.N. VARIAVA, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, I 908 : Order 41, Rules I and 22-Cross-objection in second appeal-Appeal C withdrawn-Status of cross-objection-Held, a cross-objection is in the nature of an appeal-Even if the appeal is withdrawn or dismissed, cross-objection can be heard and determined. . . .~- appeal. Later, the respondent withdrew the appeal. E The High Court dismissed the cross-objections holding that on the appeal being withdrawn, the cross-objection did not survive. Aggrieved, the appellant filed the present appeal . . Allowing the appeal, the Court HELD : A cross-objection is in
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