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1955 (2) TMI 21

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..... . 17-D and 22-D of 1954) is (1) whether the application for leave to appeal in 'forma pauperis' is within time and (2) whether the memorandum of appeal can he treated as cross-objections under Order 41, Rule 22, Civil P. C. 2. The suit was decided by a decree dated .10-8-1953 and the appeal was tiled in this Court on 22-1-1954 by Nirpat Kaur in person. The application for leave to appea .....

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..... te of hearing and present his objections though he is not served. At page 87 Din Mohammad J. said; In other words, could it be the intention of the Legislature in enacting Order 41, Rule 22, to specify the point of time in which such cross-objections could be filed at both ends? After giving this matter my careful consideration, I have reached the conclusion that it could serve no purpose to r .....

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..... s admitted and cross-object, is it not possible for him to ask after an appeal is admitted to treat his time-barred appeal as cross-objections. In my opinion, there is nothing in law which says to the contrary. As a matter of fact, it has been held in -- 'Bhagat Ram v. Raghbar Dyal' AIR 1925 Lah 57 (B) that a time barred appeal can be treated as cross-objections. In this case -- 'Bawa .....

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