TMI Blog2005 (3) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the Second Appeal. The Appellant (herein) filed cross-objections in that Appeal. When the Appeal reached hearing, the Respondent withdrew his Second Appeal. By the impugned Judgment, it has been held that as the Appeal has been withdrawn the cross objections emanating from the Regular Second Appeal automatically cease to survive. On this reasoning, the cross objection has been dismissed. The qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the memorandum of appeal apply to cross-objection as well. (3) Court fee is payable on cross-objection like that on the memorandum of appeal. Provisions relating to appeal by an indigent person also apply to cross-objection. (4) Even where the appeal is withdrawn or is dismissed for default, cross-objection may nevertheless be heard and determined. (5) The respondent even though he has no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of cross-objection if he still felt aggrieved by the judgment and decree or order. Thus, it is clear that cross objection is like an Appeal. It has all the trappings of an Appeal. Even when the Appeal is withdrawn or is dismissed, cross-objection can still be heard and determined. On behalf of the Respondents, reliance was placed upon the authority of this Court in Municipal Corporation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt was wrong in holding that the cross-objection did not survive on the Appeal being withdrawn. In this view of the matter, we set aside the impugned Judgment and remit the cross objections back to the High Court for disposal on merits. The Respondent, herein will be entitled to take up all contentions in support of the Judgment appealed against, even though he may have withdrawn his Appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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