TARUN CHANDRA DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The question pertaining to interpretation of the provision of Order XLI, Rule 22(1) of the Code of Civil Procedure is involved identically in both the cases and as such these are taken together for hearing and disposal.

(2.) The petitioners in both the cases challenged the order dated 10-7-2002, passed by the learned first appellate Court in Cross-Objection No. 21 of 2001 (arising out of Title Appeal No. 7 of 2001) and Cross-Objection No. 22 of 2001 (arising out of Title Appeal No. 8 of 2001), by which the learned appellate Court condoned the delay in filing the cross-objections by the defendant-respondents.

(3.) The petitioners of CRP No. 48 of 2002 filed a Civil Suit as plaintiffs in Title Suit No. 14 of 1999 seeking numerous reliefs. Likewise, the petitioners of CRP No. 49 of 2002 filed Title Suit No. 11 of 1999 seeking a good number of reliefs. The learned trial Court decreed the suits in both the cases granting some reliefs to the plaintiff-petitioners while had refused to grant some other reliefs. Being aggrieved, plaintiff-petitioners preferred the aforementioned two Title Appeals before the learned District Judge, South Tripura, Udaipur with condonation petitions under Section 5 of the Limitation Act as they could not prefer the appeals within the period prescribed under the Limitation Act. The learned Govt. Pleader entered appearance and after hearing the parties, the learned first appellate Court on condoning the delay admitted the appeals vide Order dated 21-8-2001 (in both the cases). The learned Govt. Pleader marked his appearance in both the appeals and filed cross-objections under Order XLI, Rule 22(1), CPC in both the appeals on 28-11-2001. The appellants, petitioners herein in both the cases filed preliminary objections on 12-12-01 contending, inter alia that the cross-objections having been filed after the expiry of statutory period of thirty days had been liable to be rejected in limine. The matter on the preliminary objections was heard and a date was fixed as on 26-4-2002 for judgment regarding entertainment of Cross-objections. Judgments could not be delivered as the learned Govt. Pleader prayed for time. Thereafter, the Cross-Objectors, respondents herein, filed condonation petition under Section 5 of the Limitation Act on 31-5-02 in one case and on 1-6-2002 in another case. The learned appellate Court after hearing the parties allowed the condonation petitions vide impugned order dated 10-7-02.