What do mean by cross-objection? When it may be filed? Whether cross-appeal may be treated as cross-objections?

Question: What do mean by cross-objection? When it may be filed? Whether cross-appeal may be treated as cross-objections?

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Answer

The expression “cross-objection” has not been defined in the Code. Stated simply, cross-objections are filed by the respondent against the appellant in an appeal filed by the appellant against the respondent. A cross-objection is like a cross-appeal. It has thus all the trappings of an appeal. The mere distinction between the two lies in the fact that whereas cross-objection forms part of the same record, cross-appeals are two distinct and independent proceedings.

Cross-objections can be filed by the respondent

(1) If he could have filed an appeal against any part of the decree; or

(2) If he is aggrieved by a finding in the judgment, though the decree is in his favor.

Cross-appeals and cross-objections provide remedies for the same purpose since the cross-objections can be filed on the points on which that party could have preferred a cross-appeal. The right to file cross-objections is substantive in nature and not merely procedural.

Cross-objections may be filed only against the appellant. In exceptional cases, however, one respondent may file cross-objections against the other respondents; for instance, when the appeal by some of the parties cannot effectively by disposed of without opening the matter as between the respondents inter se or in a case where the objections are common as against the appellant and co-respondent.

The provisions of Order 41 Rule 22 contemplates the right to file cross-objections only when an appeal is filed and also when such an appeal is admitted by the appellate court and notice is issued on the respondent.

A stage of filing cross-objections arises only when an appeal is admitted and the court directs notice to be issued to the respondent. No cross-objections hence can be filed if no appeal is filed by the appellant or an appeal is filed but has not been admitted. Mere posting of the preliminary hearing of an appeal is not enough. Similarly, prior to the service of notice of hearing of the appeal by the court, no cross-objections would lie. That however does not make cross-objections suffer from legal infirmity.

An Appeal filed beyond the period of limitation may be treated as cross-objections under Order 41 Rule 22. A cross-appeal may be treated as cross-objection only if such appeal is filed after the other appeal and not if it is filed before that appeal. Nripjit Kaur v. Sardar Satinder Singh [AIR 1955 Punj 190]

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