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2017 Supreme(All) 1785

A.P.SAHI, SARAL SRIVASTAVA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SUSHMA GUPTA – Respondent


Advocates:
Counsel :
Vinay Khare for the Appellant; Manish Goyal for the Respondents.

JUDGMENT

By the Court.—The present appeal has raised an issue of importance namely, as to whether an appeal filed under Section 173 of the Motor Vehicles Rules Act, 1988 before the High Court read with Rule 222 of the U.P. Motor Vehicles Rules, 1998, confers any right on the respondents in the appeal to file a Cross Objection as envisaged in terms of Order XLI Rule 22 of the C.P.C., or not.

2. To appreciate the controversy and the objection raised on behalf of the learned counsel for the Insurance Company to the said effect, we had passed an order on 14.11.2017 directing the matter to come up on the next day. The matter was heard by us on 15.11.2017 when we passed the following order :

The matter had been heard by us yesterday and the case was adjourned on the request of Sri Manish Goyal, learned counsel for the respondent. The order passed on 14.11.2017 is extracted hereinunder:

“Heard Sri Vinay Khare, learned counsel for the appellant has advanced his submissions contending that the right of appeal as conferred under Section 173 of the Motor Vehicles Act does not envisage the right of filing of a cross objection by the respondent in the appeal. He submits that the right of a cross







































































































































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