IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.105 of 2008 TARKESHWAR PRASAD Versus RAJNARAYAN PRASAD SAH & ORS ----------- 11. 12.01.2011 This is an application for reviewing the order dated 12.4.2006 of this Court as passed in First Appeal No. 306 of 1979 whereby the this court held that due to the dismissal of the said First Appeal No. 306 of 1979 as incompetent. The cross-appeal as was filed by the petitioner who happens to be respondent N0.3 in the appeal would also not proceed. The cross-appeal as filed by the petitioner was held not fit to proceed due to dismissal of the said First Appeal No. 306 of 1979 as aforesaid. Learned counsel for the petitioner submitted that the cross- objection had been filed in the said First Appeal on 17.9.1983 and it had been admitted on 25.7.1997. It was submitted by the learned counsel that a cross-objection stood as separate appeal and it has all trappings of an appeal which has to be heard independently as the appeal, even in case the substantive appeal wherein the cross- objection/appeal was filed is dismissed or withdrawn. In support of this contention, the learned counsel cited the decision of Hon’ble Supreme Court as passed in the case of Hari Shankar Rastogi Vs. Sham Manohar & Ors. 2005 (2) PLJR (SC) 235 wherein it has been held that a cross-objection/appeal it has all the trappings of the appeal and that even when the appeal is dismissed or withdrawn, cross-objection can still be heard and determined. 2 In view of what has been held by the Hon’ble Supreme Court as above, it appears to be an error on the part of this Court in holding that the cross-objection will not proceed due to dismissal of the First Appeal. Therefore, it feels proper and justified that this court’s aforesaid order dated 12.4.2006 is reviewed and accordingly modified to the extent that despite the dismissal of the said First Appeal No. 306 of 1979, the cross-objection filed by the petitioner who was respondent No.3 in the said appeal will be heard as an appeal. Office will proceed. The review application is accordingly allowed. (C. M. Prasad, J.) Ravi/-