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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): A. K. Ganguly, Swatanter Kumar , JJ

(A) Civil P.C. (5 of 1908) , O.41 R.22— Appeal - Cross-objections - Expiry of period of limitation for filing cross-objections - Right to file cross- objection is not extinguished - Court in its discretion can permit party to file cross-objection even after expiry of limitation period of one month. Interpretation of Statutes - Liberal construction. The provisions of Order 41, Rule 22 of the Code are akin to the provisions of the Limitation Act, 1963, i.e. when a provision bars a remedy, by efflux of time, to one party, it gives consequential benefit to the opposite party. Before such vested benefit can be taken away, the Court has to strike a balance between respective rights of the parties on the plain reading of the statutory provision to meet the ends of justice. If a cross-objector fails to file cross-objections within the stipulated time, then his right to file cross-objections is taken away only in a limited sense. To that extent a benefit is granted to the other party, i.e. the appellant, of having their appeal heard without such cross-objections. Still, however, if the Court is of the opinion that it is just and proper to permit the filing of cross-objection even after the expiry of the statutory limitation of one month, it is certainly vested with power to grant the same, but of course, only after hearing the other party. That is how ....