ONKAR Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) This order will dispose of the objection raised by the office that the cross- objection filed by the respondent on Feb. 13, 1981 is barred by one day.

(2.) The appellant filed the appeal under Section 100, C. P. C. against the judgment and decree dated July 24, 1980 passed by the District Judge, Sriganganagar on Apr. 5, 1980. The appeal was admitted on Nov. 6, 1980 and the substantial questions of law arising out of it were formulated and the summons of the appeal was served on the respondent on Jan. 13, 1981. On behalf of the respondent, cross-objection was filed on Feb. 13, 1981. There is no dispute regarding the aforesaid facts. The office has reported that as the cross-objection has been filed after 31 days, it is barred by one day. On this point, I have beard Mr. S.N. Sharma, learned counsel for the appellant and Mr. R. Mehta, learned counsel for the respondent.

(3.) It is urged by the learned counsel for the respondent that the cross-objection has been filed within one month from the date of the service of the summons of the appeal on him and, therefore, it is in time.