Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2005

Supreme Court of India · 2005-03-16

HARI SHANKAR RASTOGI vs SHRI SHAM MANOHAR .

Citation / case number
SC 2004/9551
Court
Supreme Court of India
Petitioner
HARI SHANKAR RASTOGI
Respondent
SHRI SHAM MANOHAR .
Author
H. K. SEMA S. N. VARIAVA
Bench
H. K. SEMA S. N. VARIAVA

Judgment text excerpt

The Supreme Court held that cross-objections in an appeal are maintainable even if the main appeal is withdrawn, as established in Superintending Engineer and Ors. vs. B. Subba Reddy (1999) 4 SCC 423. The Court clarified that cross-objections have the same characteristics as an appeal and can be heard and determined regardless of the status of the main appeal. The judgment of the Delhi High Court dismissing the cross-objections was set aside, affirming the right to pursue cross-objections as a substantive right under Order 41 Rule 22 of the Code of Civil Procedure.

HARI SHANKAR RASTOGI vs SHRI SHAM MANOHAR . · Niyam