State Bank of India vs Radha Sondhi

Rakesh Kumar Jain, J.—This order shall dispose of two appeals bearing R.S.A. No. 3832 of 2013 and R.S.A. No. 193 of 2014. Learned counsel for the appellants has submitted that against the judgment and decree of the trial Court, co-defendants filed their appeal and the appellants also filed cross-objections. However, the cross-objections filed by the appellants were dismissed cursorily by the Appellate Court observing that "as regards cross-objections as filed by defendants No. 5 to 7 hereby, respondents No. 7 to 9 in appeal, that cross-objections are not maintainable as if respondents 7 to 9 were aggrieved from the impugned judgment and decree then they should have filed a separate appeal independently. They cannot file cross-objections in such appeal filed by co-defendants. As such cross-objections are not maintainable."

Learned counsel for the appellants has relied upon a Division Bench judgment in New India Assurance Company Limited Vs. R.S.R.T.C. and Others in which it has been held that if a co-defendant is aggrieved with any finding or final order to extent it is against him and is integrally connected with relief claimed by him, then his right to file cross-objection is not restricted. Even otherwise, there is no reason given by the Appellate Court except observing that co-defendant cannot prefer cross-objections in appeal filed by the co-defendant.

Learned counsel for the respondents is not averse for setting aside the judgment and decree of the Appellate Court and its remand, to the Appellate Court to decide the cross-objections. In view thereof, R.S.A. No. 3832 of 2013 is allowed, the judgment and decree of the Appellate Court is hereby set aside and the matter is remanded back to the Appellate Court to decide the cross-objections filed by the present appellants in R.S.A. No. 3832 of 2013. Since, the judgment and decree of the Appellate Court is being set aside, therefore, the appeal filed by the other appellants in R.S.A. No. 193 of 2014 is also allowed. The parties are directed to appear before the Appellate Court on 28.4.2014. The Appellate Court is directed to decide the appeal and the cross-objections of the appellants in R.S.A. No. 3832 of 2013 within six months.