Supreme Court of India
Dheeraj Singh v. Greater Noida Industrial Development Authority & Ors
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What the Court ordered
We are of the considered opinion that the matter is fit for remand to the High Court for fresh adjudication on the grounds raised in the cross objections during appeal by the appellants herein.
Judgment, page 7
From the headnote
Code of Civil Procedure, 1908 – O.41, r.22 – Cross objections filed by the appellants for enhancement of compensation, not considered by High Court – Held: Cross objections, unlike a regular appeal, are filed within an already existing appeal – However, as per O.41, r.22, cross objections have all the trappings of a regular appeal and therefore, must be considered in full by the court adjudicating upon the same – Court of appeal has a duty to apply its mind to all the issues raised before it and in cases where the High Court fails to do the same, the matter must be remanded to the same court…
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