9911796707
|
Home
Issues:
- Maintainability of cross-objections when the main appeal is withdrawn Analysis: The Supreme Court addressed the issue of the maintainability of cross-objections when the main appeal is withdrawn in a case where the Respondent withdrew their Second Appeal. The Court referred to previous judgments and highlighted key principles regarding appeals and cross-objections. It was emphasized that the right to appeal is a substantive right granted by statute and that cross-objections are akin to appeals, with similar procedural requirements such as filing a memorandum and paying court fees. The Court clarified that even if the main appeal is withdrawn or dismissed, cross-objections can still be heard and determined. Furthermore, the Court distinguished the authority cited by the Respondents, stating that it did not contradict the established principles regarding cross-objections. The judgment emphasized that the right to file cross-objections is part of the broader right to appeal, allowing a party to pursue further legal recourse if the other party challenges the initial judgment. The Court underscored that the substantive right lies in the right to appeal, while the form of cross-objection is a procedural aspect. Consequently, the Supreme Court held that the High Court erred in dismissing the cross-objections on the grounds of the main appeal being withdrawn. The Court set aside the impugned judgment and directed the cross-objections to be reconsidered on their merits by the High Court. The Respondent was granted the opportunity to present all arguments in support of the appealed judgment, despite having withdrawn the main appeal. The Court concluded the judgment by disposing of the appeal without any order as to costs.
|
