MAHADEV GOVIND GHARGE & OTHERS versus THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, JAMKHANDI, KARNATAKA

MAHADEV GOVIND GHARGE & OTHERS versus THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, JAMKHANDI, KARNATAKA

Delay in filing cross-objections under Order XLI Rule 22 CPC may be condoned as the rule vests discretion in the appellate courts; in this case, the landowners demonstrated sufficient/reasonable cause for the delay, and the High Court failed to record specific reasons for disbelief. Hence, condonation of delay is warranted and cross-objections must be heard along with the main appeal.

Parties
Appellant/cross Objector: Mahadev Govind Gharge & Others; Respondent: The Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka
Jurisdiction
India
Judgment Date
10 May 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment, Decision on Condonation of Delay in Filing Cross Objections
Outcome
Appeal allowed; delay in filing cross-objections condoned.
Legal Topics
Cross Objections, Condonation of Delay, Order XLI Rule 22 CPC, Limitation, Caveat, Procedural Law
Civil Procedure Cross Objections Condonation of Delay Order XLI Rule 22 CPC Limitation Caveat Procedural Law

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Parties

Mahadev Govind Gharge & Others

Appellant/cross Objector

The Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Decision on Condonation of Delay in Filing Cross Objections

Legal Issues

  1. 1 When does the limitation period for filing cross-objections under Order XLI Rule 22 CPC commence?
  2. 2 Whether discretion to condone delay in filing cross-objections can be exercised under Order XLI Rule 22 CPC?
  3. 3 What is the nature of cross-objections under Order XLI Rule 22 CPC?

Ratio Decidendi

Delay in filing cross-objections under Order XLI Rule 22 CPC may be condoned as the rule vests discretion in the appellate courts; in this case, the landowners demonstrated sufficient/reasonable cause for the delay, and the High Court failed to record specific reasons for disbelief. Hence, condonation of delay is warranted and cross-objections must be heard along with the main appeal.

Court Disposition

Appeal allowed; delay in filing cross-objections condoned.

Orders

  • High Court order refusing condonation of delay in cross-objections set aside.
  • High Court to hear appeal of State and cross-objections of landowners afresh.