JAYAMMA Vs. M. RAJAGOPALAREDDY

JUDGEMENT

(1.) RESPONDENTS 1 and 2 are served and remain unrepresented. The petitioner has sought dispensation of notice to Respondents 3 and 4, who had remained ex -parte before the trial court as well as the appellate court.

(2.) THE petitioners are the plaintiffs before the trial court in a suit for partition, which was decreed. The same is under challenge in an appeal. The petitioners had entered appearance in the appeal and sought to file cross objections under Order XLI Rule 22 of the Code of Civil Procedure, 1908 (Hereinafter referred to as the 'CPC', for brevity), but there was a delay of 60 days in filing the same. The application to condone the delay was filed along with the cross objections. The court below had opined that no reasons are assigned to condone the delay and has consequently rejected the Cross Objections on the ground that it was not filed within 30 days from the date of service of notice.