2011 AIR CC 1189 (KAR) ::2011 (2) AIR Kant HCR 39 ::2011 (2) AIR Kar R 39 ::(2011) 105 AllIndCas 473 (KAR) ::(2011) 3 Kant LJ 83 ::(2012) 2 ICC 821 ::(2011) 2 KCCR 1297

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar, N. Ananda , JJ

( A ) Civil Procedure Code (5 of 1908) O. 41, R. 22(1) — Cross-objection — Non ambiguous suited plaintiff cannot by filing cross-objection seek to achieve reversal of decree or variation of decree as could have been otherwise achieved by filing an appeal.A cross-objection is definitely not on par with an appeal under section 96, CPC and what all can be and could have been achieved by filing an appeal under section 96 definitely cannot be achieved by merely filing a cross-objection under sub-rule (1) of Rule 22 of Order 41. (Paras25)A cross-objection is definitely not on par with an appeal under section 96, CPC and what all can be and could have been achieved by filing an appeal under section 96 definitely cannot be achieved by merely filing a cross-objection under sub-rule (1) of Rule 22 of Order 41. (Paras25)