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Mahanagar Telephone Nigam Limited vs Applied Electronics Ltd. & Anr. on 28 July, 2014

57. For example, the Supreme Court, in Mahanagar (supra), held that no cross objection can be filed under Order XLI Rule 22 of the CPC in an appeal under Section 37. Such filing is a procedural right conferred by the CPC; however, Order XLI Rule 22 has another component which is an implicit feature in any appellate jurisdiction, which cannot be said to be mandatorily barred even in a proceeding under Section 37 of the 1996 Act; such feature being that any respondent, though he may not have appealed from any part of the decree, may not only support the decree but also state that the finding against him in the court below in respect of any issue ought to have been held in his favour.
Delhi High Court Cites 31 - Cited by 18 - S Mridul - Full Document
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