Time-barred appeal may be treated as cross-objections, and pauper status can extend to filing in forma pauperis.

A time-barred memorandum of appeal may, in an appropriate case, be treated as cross-objections under Order 41 Rule 22 CPC where the respondent's substantive right to object can still be preserved. On that basis, the court accepted the converted filing and then held that, once so treated, leave to present the cross-objections in forma pauperis under Order 44 Rule 1 CPC could also be granted when the applicant was found to be a pauper. The applications were therefore allowed, and the memorandum was permitted to operate as cross-objections with pauper status.

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Issues: (i) Whether a memorandum of appeal filed beyond time could be treated as cross-objections under Order 41 Rule 22 of the Code of Civil Procedure, 1908. (ii) Whether leave to file cross-objections in forma pauperis could be granted under Order 44 Rule 1 of the Code of Civil Procedure, 1908.

Issue (i): Whether a memorandum of appeal filed beyond time could be treated as cross-objections under Order 41 Rule 22 of the Code of Civil Procedure, 1908.

Analysis: The Court held that the scheme of Order 41 Rule 22 did not exclude the conversion of a time-barred appeal into cross-objections where the respondent's right to object had accrued and the appeal could be entertained in that form. It relied on earlier authority recognising that cross-objections are not confined to a rigid procedural form so long as the substance of the right can be preserved.

Conclusion: Yes. The time-barred memorandum of appeal could be treated as cross-objections.

Issue (ii): Whether leave to file cross-objections in forma pauperis could be granted under Order 44 Rule 1 of the Code of Civil Procedure, 1908.

Analysis: Once the memorandum was treated as cross-objections, the Court examined the judgment and decree and found no legal impediment to proceeding under Order 44 Rule 1. As the cross-objector had been found to be a pauper, the procedural benefit of filing in forma pauperis was available.

Conclusion: Yes. Leave to file the cross-objections in forma pauperis was granted.

Final Conclusion: The applications succeeded, and the memorandum of appeal was permitted to operate as cross-objections with pauper status.

Ratio Decidendi: A time-barred appeal may, in a fit case, be treated as cross-objections, and where the applicant is a pauper, leave to present such cross-objections in forma pauperis may be granted.

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