Cross objection in recovery suit
tj
(Querist) 13 September 2012
This query is : Resolved
An appeal has been filed against money decree granted by civil judge junior division.Can the plaintiff also file cross-objections?What is limitation? Can delay be condoned on the ground of indigent condition of plaintiff when he received notice of appeal but later his condition improved? The appellant has deposited court fees with appeal. Is court fee required to file cross-objections also?
R.K Nanda
(Expert) 13 September 2012
first defend appeal and no need to file x
objections.
prabhakar singh
(Expert) 13 September 2012
I should not decide you need to file Cross objection or not without going through judgement.Delay can be condoned.Limitation is thirty days from service.
venkatesh Rao
(Expert) 13 September 2012
If the plaintiff in favour of whom the decree is granted, may file cross appeal with regard to that portion of the judgment and decree of which he is not satisfied. Limitation is 30 days from the date of service of notice as put by prabhakar singh.
Guest
(Expert) 14 September 2012
Cross objection can be filed by the respondent in relation to the issues which have been decided against him by the trial court.
The limitation period is 30 days. The delay can be condoned.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
tj
(Querist) 14 September 2012
Thanks experts for the advice. However the query regarding court fee is still unresolved.Is the plaintiff required to pay the entire court fee evaluated according to his claim or according to enhanced claim? The trial court has decided the case partially in favour of plaintiff and the entire claim has not been granted. If he now demands the rest of the claim in cross objections, how will court fee be decided? The respondent in his appeal has paid the entire cost of as awarded by trial court.
R.K Nanda
(Expert) 15 September 2012
about court fee ask from local court office.
