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Checking relevance for Suresh Mathew, S/o. K. M. Mathew VS Principal Chief Conservator Of Forests (Planning And Development), Forest Headquarters...
Checking relevance for Principal Chief Conservator Of Forests (Planning And Development) VS Suresh Mathew...
Checking relevance for Mohammed, S/o. Abdul Khadar VS Chandrika D/o. Kunjan...
Checking relevance for Smitha VS V. Krishnan...
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Checking relevance for J. George, Retired Chief Judicial Magistrate VS State of Kerala...
Checking relevance for Coxswain Projects And Estates Pvt. Ltd. VS NJ Constructions...
2022 0 Supreme(Ker) 78 : Under Order 41, Rule 22 of the Code of Civil Procedure (CPC), a cross objection must be filed within one month from the date of service of notice of the day fixed for hearing the appeal, or within such further time as the Appellate Court may allow. The cross objection filed by the respondent in this case was filed on 04.02.2022, well beyond the one-month period (10.09.2020) from the date of service of notice on 10.08.2020. Although the CPC does not specify consequences for delay, the rule is considered directory, and the Appellate Court has discretion to extend time. However, no application for condonation of delay was made by the respondent. Therefore, the cross objection, even if maintainable, is liable to be dismissed on the ground of delay. The court emphasized that unless sufficient reasons are shown for condonation of delay, the cross objection is not maintainable.Checking relevance for Mariamma Joseph vs Director of Local Fund Audit...
Checking relevance for Poozhiparambath Safiya VS Mappantavida Sreedharan, S/O. Paithal...
2022 0 Supreme(Ker) 888 : A respondent in an appeal or revision cannot invoke Order XLI Rule 22 of the CPC to challenge an order on a distinct and different ground of eviction that was denied to them by the lower authority. The respondent can only use Order XLI Rule 22 to support the ultimate conclusion in their favour on a ground of eviction that is the subject-matter of the appeal/revision. This principle was affirmed by the Full Bench of the Kerala High Court in Smitha and Another v. V.Krishnan [2017 (1) KHC 81 (FB)] and reinforced by the Apex Court in Nalakath Sainuddin v. Koorikadan Sulaiman [(2002) 6 SCC 1], which held that no revision lies against a finding alone unless the ultimate impugned order is against the person aggrieved by that finding.Checking relevance for State Of Kerala VS SARASAMMA...
2025 0 Supreme(Ker) 99 : Under Order XL1 Rule 22 of the CPC, a respondent is not entitled or obliged to file a cross-objection if the decree is entirely in their favour, even if an issue has been decided against them. However, if a respondent wishes to attack any part of the decree, they must file a cross-objection. This principle was clarified in Banarasi & Ors v. Ram Phal [2003 (9) SCC 606], which identified three situations: (i) the decree is partly in favour of the appellant and partly in favour of the respondent; (ii) the decree is entirely in favour of the respondent though an issue has been decided against them; and (iii) the decree is entirely in favour of the respondent and all issues have been answered in their favour, but there is a finding in the judgment which goes against them. In such cases, a respondent may defend themselves without filing a cross-objection to the extent the decree is in their favour, but must file a cross-objection to challenge any adverse finding.Checking relevance for State Of Kerala Vs Sarasamma...
2025 0 Supreme(Ker) 1021 : Under Order XLII Rule 22 of the CPC, a respondent is not entitled or obliged to file a cross-objection if the decree is entirely in their favour. However, if a respondent wishes to attack any part of the decree, they must file a cross-objection. This principle was affirmed in Banarasi & Ors v. Ram Phal [2003 (9) SCC 606], which clarified that the amendment to Order XLII Rule 22 in 1976 was clarificatory and enabling, allowing a respondent to file a cross-objection only when they seek to challenge a part of the decree that goes against them.