MAHANT DHANGIR AND ANOTHER versus MADAN MOHAN AND OTHERS

MAHANT DHANGIR AND ANOTHER versus MADAN MOHAN AND OTHERS

If a cross-objection cannot be urged under Order 41 Rule 22 CPC against a co-respondent, the court can consider the matter under Order 41 Rule 33 CPC, which has a wide sweep to meet ends of justice and is not mutually exclusive with Rule 22.

Parties
Appellant: Mahant Dhangir; Appellant: Presiding deity of Juna Math; Respondent: Madan Mohan; Respondent: Jankidas; Respondent: Mohan Lal
Jurisdiction
India
Judgment Date
28 October 1987
Procedural Posture
Civil Appeal / Supreme Court on Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Maintainability of Cross Objection, Order 41 Rule 22 and Rule 33 CPC
Civil Procedure Maintainability of Cross Objection Order 41 Rule 22 and Rule 33 CPC

Case Brief

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Parties

Mahant Dhangir

Appellant

Presiding deity of Juna Math

Appellant

Madan Mohan

Respondent

Jankidas

Respondent

Mohan Lal

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Appeal by Special Leave

Legal Issues

  1. 1 Whether cross-objection is maintainable against co-respondents under Order 41 Rule 22 CPC
  2. 2 Whether the court can exercise power under Order 41 Rule 33 CPC to grant relief even if cross-objection is not maintainable

Ratio Decidendi

If a cross-objection cannot be urged under Order 41 Rule 22 CPC against a co-respondent, the court can consider the matter under Order 41 Rule 33 CPC, which has a wide sweep to meet ends of justice and is not mutually exclusive with Rule 22.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of Division Bench of High Court reversed.
  • Division Bench to restore appeal and cross-objection of parties and dispose of them in accordance with law and observations made.