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In Re: Bhajan Lal and ors. Vs. Chahat Rai and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in39Ind.Cas.176
AppellantIn Re: Bhajan Lal and ors.
RespondentChahat Rai and anr.
Excerpt:
civil procedure code (act v of 1908), order xli, rule 22 - cross-objection--court-fee--objection to support decree on ground decided against objector, whether cross-objection--court-fee payable. - - what he is clearly seeking in the present case to do is to support the decree on some of the grounds which have been decided against him in the court below.tudball, j.1. the objections filed are not cross-objections. the suit was a suit for possession of property and it was dismissed in toto as against the defendant-respondent. it is obvious that the defendant-respondent could not have appealed from that decree. no appeal lies against the finding only on an issue. what he is clearly seeking in the present case to do is to support the decree on some of the grounds which have been decided against him in the court below. these are not cross-objections and, therefore, the court-fee paid is sufficient.
Judgment:

Tudball, J.

1. The objections filed are not cross-objections. The suit was a suit for possession of property and it was dismissed in toto as against the defendant-respondent. It is obvious that the defendant-respondent could not have appealed from that decree. No appeal lies against the finding only on an issue. What he is clearly seeking in the present case to do is to support the decree on some of the grounds which have been decided against him in the Court below. These are not cross-objections and, therefore, the Court-fee paid is sufficient.


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