Supreme Court of India · 1987-10-28
MAHANT DHANGIR AND ANOTHER vs MADAN MOHAN AND OTHERS
- Citation / case number
- SC 1987/71015
- Court
- Supreme Court of India
- Petitioner
- MAHANT DHANGIR AND ANOTHER
- Respondent
- MADAN MOHAN AND OTHERS
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the Math's cross-objection regarding the invalidity of the sale of property to Madan Mohan. The Court clarified that under Rule 22 of Order 41 CPC, the Math could file a cross-objection to contest the finding of invalidity, even if it was against a co-respondent. The Court also stated that Rule 33 of Order 41 CPC could be invoked to provide relief to the Math, ensuring that it was not left without a remedy despite the High Court's ruling.