GOPALA REDDY Vs. LAKSHMI DEVAMMA

JUDGEMENT

(1.) The petitioner herein filed suit for partition against the respondents herein. That suit was dismissed. It would apoear that there were certain observations made by the trial court in tne judgment which are adverse to the interests of ona of the defendants. Thereafter plaintiffs filed tha appeal A S No 162 of 1981 in the Court of the Addl. District Judge Manabubnagar which is still pending. The respondents herein filed I A No 108 of 1983, under Section 5 of the LIMITATION ACT, 1963, to condone the delay of about two years in filing the cross objections against the adverse observations made by the trial court in its judgment.

(2.) The learned District Judge observed that no doubt the period of limitation proscribed for filing cross objections is 30 days but in view of the fact that the respondents herein who are successful parties in the litigation before the trial court are entitled to agitate in the appeal against the adverse findings of the trial court without filing the cross- objections and also support the judgment of the trial court as a matter of right.

(3.) Sri K. Jagannadha Rao the learned counsel for the petitioner contended that it is wall settled that a party who is seeking indulgence of the court and seeks condonation df abnormal delay of about two yea's has to satisfactorily explain that there was sufficient cause for sach an abnormal delay and that he is bound to explain the delay of every day of about two years and that in as much as the respondents herein have not come forward with any explanation and no sufficient cause was shown, were not entitled for condonation of the delay of two years.