Judgment

S.N. Variava, J.—Leave granted.

Heard parties.

2. This Appeal is against the Judgment dated 22nd January, 2004 passed by the High Court of Delhi. The Respondent had filed 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 By the impugned Judgment, it has been held that as the Appeal has been withdrawn the cross objections ­emanating from the Regular Second Appeal automatically cease to survive.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.

3. The question whether the cross objections are maintainable, even when the Appeal has been withdrawn was considered by this Court in Superintending Engineer and Ors. vs. B. Subba Reddy reported in 1999(4) SCC 423. After considering various judgments, it was held as follows :-

“From the examination of these judgments and the provisions of Section 41 of the Act and Order 41 Rule 22 of the Code, in our view, the following principles emerge:

(1) Appeal is a substantive right. It is a creation of the statute. Right to appeal does not exist unless it is specifically conferred.

(2) Cross-objection is like an appeal. It has al