No. 8 of CPC : No. 8: MEMORANDUM OF CROSS OBJECTION

CPC

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Explanation using Example

Example 1:

Scenario: Rajesh files a lawsuit against Suresh for breach of contract in the District Court of Mumbai. The court rules in favor of Rajesh, awarding him Rs. 5 lakhs in damages. Suresh, dissatisfied with the judgment, decides to appeal to the High Court of Bombay.

Application of Section No. 8:

  • Suresh files an appeal to the High Court of Bombay against the decree of the District Court of Mumbai in Suit No. 123 of 2022, dated the 15th day of March 2022.
  • Rajesh receives a notice on the 10th day of April 2022, informing him of the date fixed for the hearing of the appeal.
  • Rajesh believes that the damages awarded were insufficient and decides to file a memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908.
  • In his memorandum of cross objection, Rajesh sets forth the following grounds of objection to the decree appealed from:
    1. The awarded damages of Rs. 5 ...

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