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The Supreme Court held that cross-objections in an appeal are maintainable even if the main appeal is withdrawn, as established in Superintending Engineer and Ors.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.