V. RAMASAMY Vs. M.RANGANATHAN

JUDGEMENT

(1.) This miscellaneous petition is filed to condone the delay of 2165 days in filing the cross objection in the above second appeal, which at the time of filing such cross objection was not admitted.

(2.) The petitioner contended that he filed the above application by way of abundant caution, though filing cross objection would arise only after the admission of the second appeal. Thus it is contended that when the second appeal itself was not admitted at that time and only notice of motion was ordered by this court, cross objection filed even at that stage to be taken as the one filed in time by taking note of the fact that the event of admission of the second appeal took place latter.

(3.) This application is opposed by the appellant. It is his contention that when admittedly notice of hearing of the appeal was served on the petitioner pursuant to an order of the court on 09.06.2009, he should have filed cross objection within one month from the date of receipt of such notice. It is further contended that even otherwise, the petitioner not explained such enormous delay.