PEETHAMBARA PANICKER Vs. PRATHEEPKUMAR

JUDGEMENT

(1.) Registry has noted an objection that the cross objectors have not paid court fee on the Cross Objection. Learned counsel for cross objectors submits that the challenge in the Cross Objection is only regarding certain findings entered by the first appellate court and not against any part of the decree and hence cross objectors are not liable to pay court fee.

(2.) I have heard learned Senior Advocate appearing for the respondents in the Cross Objection.

(3.) Under R. 22 of Order XLI of the Code of Civil Procedure (for short, "the Code") a party who is aggrieved by a finding can challenge that finding in the appeal preferred by the opposite party even without a Cross Objection. Cross Objection challenging the finding therefore need only be treated as the information given to the appellant about the cross objectors challenging the finding which is adverse to them.