Case Note & Summary
The petitioners, as co-owners of the suit premises, filed an eviction suit (R.A.E. Suit No.366/543 of 2010) against the respondents (tenants) on two grounds: unauthorized change of user and unlawful subletting. The trial court decreed eviction on the ground of unlawful subletting but rejected the ground of change of user. The tenants appealed against the eviction decree. Subsequently, the petitioners filed their own appeal challenging the rejection of the change of user ground. The petitioners then applied to convert their appeal into a cross-objection in the tenants' appeal. The Appellate Bench of the Court of Small Causes at Mumbai rejected this application on the ground that the petitioners' appeal was barred by limitation. The High Court examined Order 41 Rule 22 of the Code of Civil Procedure, 1908, and noted that the provision does not prescribe any period of limitation for filing a cross-objection. The court held that a cross-objection can be filed at any time before the hearing of the appeal, even if the appeal itself is time-barred. The court distinguished between an appeal and a cross-objection, stating that while an appeal must be filed within limitation, a cross-objection is not subject to the same restriction. The impugned order was set aside, and the application for conversion was allowed. The court directed that the petitioners' appeal be treated as a cross-objection in the tenants' appeal.
Headnote
A) Civil Procedure - Cross-Objection - Limitation - Order 41 Rule 22 Code of Civil Procedure, 1908 - The court considered whether a plaintiff's appeal challenging rejection of a ground of eviction could be converted into a cross-objection in the tenant's appeal against the eviction decree. The Appellate Bench had rejected the application on the ground that the appeal was barred by limitation. The High Court held that Order 41 Rule 22 CPC does not prescribe any limitation for filing a cross-objection; it can be filed at any time before the hearing of the appeal. The court clarified that a cross-objection is in the nature of a cross-appeal but is not subject to the law of limitation applicable to appeals. The impugned order was set aside and the application for conversion was allowed. (Paras 3-7)
Issue of Consideration
Whether an appeal filed by the plaintiff can be converted into a cross-objection under Order 41 Rule 22 of the Code of Civil Procedure, 1908, even if the appeal was filed beyond the period of limitation for filing an appeal.
Final Decision
The High Court allowed the writ petition, set aside the impugned order of the Appellate Bench, and directed that the petitioners' appeal be treated as a cross-objection in the tenants' appeal.
Law Points
- Cross-objection can be filed even after expiry of limitation for filing appeal
- Order 41 Rule 22 CPC is not subject to limitation
- Cross-objection is in nature of cross-appeal but can be filed at any time before hearing of appeal
