Cross objections in civil appeal
Adv. Deepak
(Querist) 23 July 2013
This query is : Resolved
Resp. Members,
An amount of Rs.5 lacs was kept in joint postal MIS account of A and B. A is father-in-law of B. A's wife and B's husband are the nominees for the said account. A died. As per postal rules, B being the sole surviving account holder, account got converted in the name of B. B prematurely closed the account and received the money. A's wife and A's son who is the husband of B filed civil suit for recovery of the said amount from B. Suit was dismissed holding that under Sec.14(1) of Hindu Succession Act, B is the owner of the money. The Original Plaintiffs A's wife and B's husband preferred an appeal against the jugement and decree. In the original suit, a wrong issue was framed by the trial court that whether Defendant proves that she being nominee of the said account, she is entitled to receive the money and the court has held that Defendant No.1 proved the said fact. The said issue was decided affirmatively that is in favour of Defendant B. Now, in the appeal, can Defendant B file cross objection that the issue though it was decided in her favour, was framed wrongly. Can Defendant raise a dispute by way of cross objection in the appeal that though a particular issue is decided in the trial court in her favour, that issue itself is wrong and she is not the nominee of the said account. The said fact has been proved before the trial court and Plaintiffs have admitted the said fact. Is it possible to raise such cross objection?
Your kind advice is requested.
Advocate Ravinder
(Expert) 10 August 2013
You have to file a petition before the Appellate court to permit you to reopen the lower court case and conduct a fresh trial and submit your cross objections. Once the petition is allowed, your case will be reverted back to the trial court and a fresh trial will be commenced. Since it is only a mistake of the parties and it is not intentionally made, there are good chances the appellant court may allow your petition.
Moreover, Sec. 14(1) of Hindu Succession Act is a different provision which will not apply in your case. Your case is a joint property and on the death of A, (in case will not executed) half of the property of MIS will be inherited to his legal heirs of A, but will not be transfered to B.
