Cross-objections:
Where the decree passed is partly in favour of any party against the respondent and such decree is appealed from, the respondent can take objection to that part of the decree which is against him as he could have taken by way of a separate appeal. Such objections are called cross-objections and are filed in the form of a memorandum.
Cross-appeals:
In a cross-appeal also, the decree of the lower court is partly in favour of and partly against the respondent, in which case both the appellant and the respondent may separately appeal to the higher court to set aside that part of the decree which affects him adversely. If each of them appeals, we get a case of cross-appeal.
ADVERTISEMENTS:
Thus, for example, where A sues B for Rs. 5,000/- and the court awards A decree for only Rs. 3,000/-. Both A and B are aggrieved by the decree, and they are entitled to go in appeal.
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If A does not want to undergo the worry and inconvenience that continued litigation may involve he may refrain from filing an appeal against that part of the decree which is against him, and if B appeals A may take any cross-objection to the decree which he could have taken by way of appeal.
ADVERTISEMENTS:
Who can file cross-objection?
Any respondent, though he may not have appealed from any part of the decree may not only support the decree but may also state that the finding against him in respect of any issue ought to have been in his favour; and may also take any cross-objection to the decree which he could have taken by way of appeal. [O. 41, R. 22 (1)].
When to be filed?
Cross-objection must be filed by the respondent in the appellate court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time as the appellate court may allow.
ADVERTISEMENTS:
Service of cross-objections:
Unless the respondent files with the objection a written acknowledgment from the party who may be affected by such objection or his pleader of having received a copy thereof, the appellate court shall cause a copy to be served, as soon as may be after the filing of the objection, on such party or his pleader at the expense of the respondent. [O. 41, R. 22 (3)].
Effect of withdrawal or dismissal of appeal:
Where, in any case on which any respondent has under O. 41, R. 22, filed a memorandum of objection, the original appeal is withdrawn or is dismissed for default the objection so filed may nevertheless be heard and determined after such notice to the other parties as the court thinks fit.