The High Court set aside an order rejecting a cross objection and restored the petitioner's cross-appeal, holding that a petitioner cannot be forced to withdraw an appeal solely because the opposing party withdrew their cross-appeal.
Impugned order dated 03.03.2017 set aside and petitioners' cross-appeal restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.938 of 2017
======================================================
Prasidh Singh son of Late Jagdish Singh, resident of Village- Fatikbara, P.O.P.S.- Desari, District- Vaishali.
| ... ... Petitioner/s Versus |
|
|---|---|
| 1. | Abhimanyu Singh and Ors son of Pradeep Singh, resident of Village- Fatikbara, P.O.P.S.- Desari, District- Vaishali. |
| 2. | Sarwati Devi, wife of Jagdish Singh, |
| 3. | Vimal Devi, |
| 4. | Neelam Devi, |
| 5. | Shanti Devi, |
| 6. | Punam Devi, |
| 7. | Laxmi Devi, All daughter of Jagdish Singh, |
| 8. | Sunder Devi, wife of Late Arjun Singh, |
| 9. | Jitendra Kumar, son of Late Arjun Singh, |
| 10. | Sanju Devi, D/o Late Arjun Singh, |
| 11. | Virendra Singh, son of Late Teka Singh, |
| 12. | Most. Deni Devi, wife of Late Uchit Singh, |
| 13. | Shankar Singh, |
| 14. | Bindeshwar Singh, |
| 15. | Surendra Singh, sons of Late Uchit Singh, |
| 16. | Shail Devi, |
| 17. | Sarita Devi, Daughters of Late Uchit Singh, residents of Village- Fatikbara, P.O.P.S.- Desari, District- Vaishali. |
| 18. | Shreewati Devi, wife of Late Bishundeo Singh, |
| 19. | Randheer Singh, |
| 20. | Rawesh Singh, sons of Late Bishundeo Singh, |
| 21. | Bimal Devi, |
| 22. | Sarmil Devi, |
| 23. | Parmil Devi, D/o Late Bishundeo Singh, all residents of Village- Fatikbara, P.O.P.S.- Desari, District- Vaishali. |
... ... Respondent/s
Patna High Court C.Misc. No.938 of 2017(4) dt.21-09-2023 2/3
====================================================== Appearance : For the Petitioner/s : Mr.Ratan Kumar Sinha For the Respondent/s : Mr.Naresh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 21-09-2023
Heard learned counsel for the petitioner Shri Ratan Kumar Sinha and learned counsel for the respondents Shri Naresh Chandra Verma.
Patna High Court C.Misc. No.938 of 2017(4) dt.21-09-2023 3/3
is hereby set aside.
restored.
(Sandeep Kumar, J)
Vikas/- U
2 issues framed by the court
Whether a petitioner can be forced to withdraw an appeal merely because the other party withdrew their cross-appeal.
Whether an order rejecting a cross objection on grounds of withdrawal of cross-appeal should be set aside.
Prasidh Singh
Abhimanyu Singh and Ors
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
