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Head Note

The Code of Civil Procedure, 1908  - Order XLI Rule (22)

Interpretation - Compensation for acquired lands in dispute - Appellants filed cross-objections before the High Court, under Order XLI, Rule 22 of CPC, along with an application for condonation of delay of 404 days in filing the cross-objections - Dismissed - Appeal - Appellant(s) were caveators before the High Court and they were heard not only while passing of interim orders but the appeal itself was admitted in their presence - Cross-objector not merely had the knowledge of pendency of the appeal and order of the High Court for its final disposal but he actually participated at all the stages of the proceedings, thus, one month of prescribed period in terms of Order XLI Rule 22 commenced from the date on which the High Court ordered that the appeal may be listed for hearing - No specific reasons recorded by the High Court in the impugned judgment as to why the averments made by the cross-objector did not find favour and was disbelieved - Impugned order of the High Court set aside limited to the extent that the appellants showed sufficient/reasonable cause for grant of further time to file the cross objections beyond the period of one month in terms of Order XLI Rule 22 of the Code - Delay in filing the cross-objections is thus condoned - High Court is directed to dispose the appeals afresh.

Topic(s)-

Important Decision(s)- Condonation of delay of 404 days - Appellant(s) were caveators they were heard not only while passing of interim orders - No specific reasons recorded why the averments made by the cross-objector did not find favour and was disbelieved - Delay condoned.