Property Lawyer: Cross objection in appeal requires to be decided on merits, irrespective of dismissal of main appeal; SC.- 20:18
Supreme Court of India
Justice Abhay Manohar Sapre and Justice Indu Malhotra
The SC (Sh. Badru versus NTPC Limited) holds that even if the appeal is dismissed by the High Court on merits, yet it was obligatory on the part of the High Court to have decided the cross objection on merits, in terms of Order 41 Rule 22 (4) of the code. The High Court cannot dispose of cross objections, without deciding the same on merits, in case of dismissal of main appeal.
In the said case, as the High Court failed to examine the legal questions raised in Cross Objection, while dealing with the cross objection of the land owners, and wrongly rejected it without assigning any reason, therefore, the order of the High Court was set aside and the matter was remanded back by the Supreme Court today for deciding the cross objections on merits. It was held by the SC, as far as main appeal is concerned, the finding of the High Court has attained finality, as the judgement of HC dismissing the appeal on merits, was not assailed before the Supreme Court.