Hyderabad Potteries Pvt Ltd v. Debbad Visweswara Rao AIR 2021 Telengana 161 ( HC)

Specific Relief Act 1963 .

S. 12 : Specific performance of part of contract – Suit for specific performance – Cross objection – . If cross -objection is not filled the respondent losses that benefit when appellant withdraws appeal .[S. 20, Civil Procedure Code , 1908, O. 41 , R. 22.]

Party to appeal can attack  findings  which are against it without fling cross objections. Additional benefit that is accrued  on filing cross objections is that accrued on filing cross objection is that even if appellant withdraws  appeal , still other party can maintain cross -objections . If cross -objection is not filled the respondent losses  that benefit when appellant withdraws appeal .   ( Appeal Suit No 998 of 2020 dt 23 -4 -2021 )