V. CHITAMBARESH, J.

1. Is a cross-objection under Order XLI Rule 22 of the Code of Civil Procedure, 1908 ('the C.P.C.' for short) maintainable in a writ appeal filed under Section 5 of the Kerala High Court Act, 1958 ('the Act' for short)? Mr. P.N.Santhosh, Senior Government Pleader alertly points out that the cross-objection filed by the first respondent/writ petitioner is not maintainable in law. The writ appeal has been filed by respondents 1 and 2 in the writ petition which pertains to the rate of payment of basic pension as revised from time to time with arrears thereon. The writ petition was allowed in part by the judgment impugned granting a lesser rate than that was claimed and the appellants as well as the first respondent are aggrieved.

2. We heard Mr. N.Sukumaran, Senior Advocate for the cross objector and Mr P.N.Santhosh, Senior Government Pleader as well as Mr. P.G.Jayashankar, Advocate as amicuscuriae.

3. The law on the maintainability of a cross objection under Order XLI Rule 22 of the C.P.C. has been succinctly laid down in Superintending Engineer and others v. B.Subba Reddy [AIR 1999 SC 1747) as follows:

“(i) Appeal is a substantive right. It is creation of t