Examveda

In which of the following cases cross-objections as between co-respondents can be permitted?

A. The appeal as regards certain parties cannot be disposed of without determining the question between co-respondents

B. Where the objections are common as against the appellant and co-respondent

C. Both A and B

D. None of these

Answer: Option C

Solution (By Examveda Team)

Cross-Objections Between Co-Respondents
Cross-objections are filed by a respondent in an appeal when they wish to challenge a part of the decision that was not in their favor. Generally, cross-objections are filed against the appellant, but in certain cases, they can also be filed against a co-respondent.

According to the principles laid down by courts, cross-objections between co-respondents are permitted in two key situations:

Explanation of the Correct Answer
The correct answer is Option C: Both A and B.

Why Option C is Correct?
1. Option A: "The appeal as regards certain parties cannot be disposed of without determining the question between co-respondents" – Cross-objections are permitted when the appeal's decision depends on an issue between co-respondents. If resolving the appeal requires addressing a dispute between co-respondents, the court allows such cross-objections.

2. Option B: "Where the objections are common as against the appellant and co-respondent" – If the objections raised by one respondent are also applicable to a co-respondent, cross-objections are permitted. This prevents unnecessary separate litigation and ensures that all related issues are addressed within the same appeal.

Since both conditions justify allowing cross-objections between co-respondents, Option C (Both A and B) is the correct answer.

Why Other Options Are Incorrect?
Option D: "None of these" – Incorrect, because cross-objections between co-respondents are permitted under the conditions mentioned in Options A and B.

Conclusion
Cross-objections between co-respondents are allowed when the appeal’s resolution requires determining an issue between them or when the objections are common against both the appellant and a co-respondent. Therefore, the correct answer is Option C: Both A and B.

This Question Belongs to Law >> Code Of Civil Procedure

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