1955 (2) TMI 21

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....apur, 1. The matter to be decided in these two petitions (Civil Misc. Nos. 17-D and 22-D of 1954) is (1) whether the application for leave to appeal in 'forma pauperis' is within time and (2) whether the memorandum of appeal can he treated as cross-objections under Order 41, Rule 22, Civil P. C. 2. The suit was decided by a decree dated .10-8-1953 and the appeal was tiled in this Cou....

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....ually effected on him. The respondent in such a case can appear on the date of hearing and present his objections though he is not served. At page 87 Din Mohammad J. said; "In other words, could it be the intention of the Legislature in enacting Order 41, Rule 22, to specify the point of time in which such cross-objections could be filed at both ends? After giving this matter my careful cons....

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....ok anomalous". If the respondent could appear on the day when an appeal is admitted and cross-object, is it not possible for him to ask after an appeal is admitted to treat his time-barred appeal as cross-objections. In my opinion, there is nothing in law which says to the contrary. As a matter of fact, it has been held in -- 'Bhagat Ram v. Raghbar Dyal' AIR 1925 Lah 57 (B) that a time ....