Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 – O.41 r.22 – Cross objections filed by the appellants for enhancement of compensation not considered by High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – O.41, r.22 – Cross objectionsfiled by the appellants for enhancement of compensation, notconsidered by High Court – Held: Cross objections, unlike a regularappeal, are filed within an already existing appeal – However, asper O.41, r.22, cross objections have all the trappings of a regularappeal and therefore, must be considered in full by the courtadjudicating upon the same – Court of appeal has a duty to applyits mind to all the issues raised before it and in cases where theHigh Court fails to do the same, the matter must be remanded to thesame court for fresh adjudication – In the present case, the issuesraised by the appellants in their cross objections were not consideredby the High Court – While, the High Court gave a detailed analysisof all other issues raised in the appeal and both the lower courtorders, the cross objections in specific found no discussion, muchless even a mention – High Court was under an obligation toconsider the cross objections filed by the appellants – Since suchan obligation was not discharged, matter is remanded to the HighCourt for fresh adjudication – Land Acquisition Act, 1894 – ss.4(1),6, 17, 18.Code of Civil Procedure, 1908 – O.41, r.22 – Held: In caseswhere the decree is partly in favour of the respondent, but is alsopartly against the respondent, two remedies within O.41, r.22 remainwith the respondent, to file their cross objections and to support thedecree in whole – The third remedy in law is the right to file a crossappeal within the limitation period so prescribed, which in essenceis a separate appeal in itself, challenging part or whole of theoriginal decree, independent of the appeal filed by the other party– The respondent also has the right to fully support the originaldecree passed by the lower court in full. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2023 INSC 594 |
Petitioner | Dheeraj Singh |
Respondent | Greater Noida Industrial Development Authority & Ors |
SCR | [2023] 10 S.C.R. 126 |
Judgement Date | 2023-07-04 |
Case Number | 4172 |
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