Drafting in reply to appeal petition in Civil case
N.K.Assumi
(Querist) 15 August 2008
This query is : Resolved
Dear Sir,
Will you please help me to know the differences between Affidavit in Opposition and Order 41 Rule 22 Memorandum of Cross Objection / Order 41 Rule 22 Sub Rule (4) Memorandum of Objections under CPC.
shamit sanyal
(Expert) 19 August 2008
in one word affidavit in oppositions are filed by respondents in proceedings countering the contentions in the main applications filed by the petitioners which may be followed by an affidavit in reply,where as in the later case arises out of a order/decree of a court.
A person can file an cross appeal from a decree of a lower court,from which he has not prefered an appeal ,
He may chalange certain part of the orderand/or decre stating the grounds for which the portion challanged ought to have been in his favour in such memorendum.
41/22/4 flows from that say if the main appeal is dismissed or withdrawn the cross appeal shall proceed.
N.K.Assumi
(Querist) 22 August 2008
Dear Sir
THANK YOU
