CPC 1908 § Order XLI, Rule 22 — Upon hearing, respondent may be object to decree as if he had preferred separate

Statutory text (English)

appeal.—

(1) Any respondent, though he may not have appealed from any part of the decree, may not
only support the decree on any of the grounds decided against him in the Court below, but take any
cross- objection to the decree which he could have taken by way of appeal, provided he has filed such
objection in the Appellate Court within one month from the date of service on him or his pleader of
notice of the day fixed for hearing the appeal, or within such further time as the Appellate Court may
see fit to allow.

(2) Form of objection and provisions applicable thereto. Such cross-objection shall be in
the form of a memorandum and the provisions of rule 1, so far as they relate to the form and contents
of the memorandum of appeal shall apply thereto.

(3) Unless the respondent files with the objection a written acknowledgment from the party
who may be affected by such objection or his pleader of having received a copy thereof, the Appellate
Court shall cause a copy to be served, as soon as may be after the filing of the objection, on such party
or his pleader at the expense of the respondent.

(4) Where, in any case in which any respondent has under this rule filed a memorandum of
objection, the original appeal is withdrawn or is dismissed for default, the objection so filed may
nevertheless be heard and determined after such notice to the other parties as the Court thinks fit.

(5) The provisions relating to pauper appeals shall, so far as they can be made applicable,
apply to an objection under this rule.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XLI, Rule 22 (APPEALS FROM ORIGINAL DECREES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 170, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 170) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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