Ashok and Ors. v. Padam Chand 2026 INSC 591 - Order 41 Rule 22 CPC -Arbitration Act 1940

Arbitration Act, 1940 - Section 21, 47 -An arbitral award made during the pendency of a civil suit concerning the same property, without a court order of reference under Section 21 of the Arbitration Act, 1940, is legally ineffective as a bar to that suit. [Context: In this case, SC held: Since the award had been “otherwise obtained” and the plaintiffs never gave post‑award consent, it could not be treated as a compromise under the proviso to Section 47, and the High Court erred in treating it as final. Removing the award from consideration, and relying on unchallenged findings that the plaintiffs had purchased the suit property in a court auction and obtained symbolic possession, the Court decreed the 1982 suit for possession, directed an enquiry into mesne profits, and held a subsequent sale deed (made subject to the suit’s outcome) not binding on the plaintiffs.]

Code of Civil Procedure 1908 - Order 41 Rule 22 -A respondent in an appeal need not file a memorandum of cross-objection merely to challenge adverse findings of the trial court, so long as the ultimate decree is in their favour; such findings can be contested to support the decree. A cross-objection is necessary only where the respondent seeks to overturn part of the decree or claim additional relief, as clarified by the 1976 amendment to Order 41 Rule 22 CPC. (Para 59)