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S. MANIKUMAR, SHAJI P. CHALY
Suresh Mathew, S/o. K. M. Mathew – Appellant
Versus
Principal Chief Conservator Of Forests (Planning And Development), Forest Headquarters – Respondent
ORDER :
S.Manikumar, J.
Instant unnumbered cross objection has been filed against the judgment dated 16.11.2020 in W.P.(C)No.24241 of 2020.
2. On this day, when the matter came up for hearing, we were informed that a Hon'ble Division Bench of this court in George J. v. State of Kerala and Others reported in 2019 (3) KHC 755, has considered the issue as to whether cross objection under Order XLI rule 22 of the Code of Civil Procedure is maintainable in a writ appeal filed under Section 5 of the Kerala High Court Act.
3. After considering the statutory provisions stated supra, powers of the High Court under Section 141 of the Code of Civil Procedure, Section 5 of the Kerala High Court Act, Rule 159 of the Rules of the High Court of Kerala and several decisions including a Full Bench decision of the High Court of Madhya Pradesh in Jabalur Development Authority v. Y.S. Sachan and Others reported in ILR (2004) M.P. 231, a Hon'ble Division Bench held thus:
"(i) Appeal is a substantive ri
A cross objection has its own independent existence under the Code of Civil Procedure but the same can not be construed to apply to a proceeding under writ jurisdiction or an appeal arising therefrom
Important points:Neither Order XLI nor Order XLIA applies to proceedings under Article 226 of the Constitution of India in view of the Explanation to Section 141 of the C.P.C. Secondly, Rule 159 of t....
The main legal point established in the judgment is the interpretation and application of the provisions of the Karnataka High Court Act, 1961, High Court of Karnataka Rules, 1959, and Writ Proceedin....
Cross-objections are maintainable in appeals to the High Court from Tribunals despite lack of specific statutory provision.
The court affirmed that the Appellate Court has broad discretion to condone delays in filing cross-objections, especially when justified by unique circumstances such as prolonged stays and the death ....
Word "cross objection" is neither defined in Code nor in Rules.
No appeal or cross-objection lies against passing observations of a court.
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