In the light of the provisions under Order 41, Rule 22 of the Code of Civil Procedure there can be little doubt with respect to the position that when in respect of a particular judgment and decree an appeal has been preferred the respondent on receipt of notice could, not only take up his contention to resist the challenge made in that appeal but also could file a cross objection in relation of any other finding in the same judgment, if he is aggrieved by any such findings. We have already taken note of the fact that L.A.A.No.476 of 2001 filed by the 2nd respondent in the latter appeal, the requisitioning authority in respect of the land in question filed that appeal confining the challenge only with respect to the enhancement relating the land value. We have already found the fact that the said appeal was heard and finally decided only with notice to both the appellants herein. When that be so, in the light of the provisions under Order 41, Rule 22, if the appellants herein had any grievance with respect to any other findings in the same judgment against which that appeal was preferred, they could have and they should have preferred cross objections. Now, the question to be considered is, if they do not file cross objections can they now, be permitted to maintain this appeal raising challenge against any of the findings in the same judgment or with respect to the same finding in that judgment ?
