HARI SHANKAR RASTOGI versus SHRI SHAM MANOHAR AND ORS.
Cross-objection is like an appeal and survives independently, permitting determination even where the original appeal is withdrawn or dismissed.
- Parties
- Appellant: Hari Shankar Rastogi; Respondents: Shri Sham Manohar and Ors.
- Jurisdiction
- India
- Judgment Date
- 16 March 2005
- Procedural Posture
- Civil Appeal / Appeal Against High Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Cross Objection, Appeal Withdrawal, Order 41 Rule 22
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Parties
Hari Shankar Rastogi
Appellant
Shri Sham Manohar and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal Against High Court Decision
Legal Issues
- 1 Whether a cross-objection is maintainable even when the main appeal has been withdrawn
Ratio Decidendi
Cross-objection is like an appeal and survives independently, permitting determination even where the original appeal is withdrawn or dismissed.
Court Disposition
Appeal allowed
Orders
- Impugned judgment set aside
- Cross-objections remitted to High Court for disposal on merits
Full Case Text
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