V.Ravi v. B. Srinivasan
Case brief
What is this about?
The petitioner sought condonation of a six-day delay in filing cross objections, arguing limitation began from appearance. The court addressed whether limitation should run from summons or paper publication and allowed the petition on condition of paying costs to the opposing party.
What did the court decide?
Condonation of six days delay in filing cross objections on condition of payment of Rs.2,000 to the respondent.
What the court decided
C.M.P.No.22535 of 2024 in Cross.Obj.S.R.No.105757 of 2024 and A.S.No.112 of 2019
SATHI KUMAR SUKUMARA KURUP, J.
The learned Counsel for the Petitioner submits that the Petitioner had filed Cross Appeal in A.S.No.112 of 2019 against the judgment and decree dated 30.11.2018 passed in O.S.No.4981 of 2017 on the file of the learned XVII Additional Judge, City Civil Court, Chennai.
- It is the contention of the learned Counsel for the Petitioner that Cross Appeal against the very same judgment and decree dated 30.11.2018 passed in O.S.No.4981 of 2017 was passed against him. He was not aware of the filing of the above Appeal by the Appellant in A.S.No.112 of 2019. He came to know about the same in the 1st week of August 2024 and entered appearance through his Counsel on 04.07.2024. Subsequently filed the above Cross Appeal on 09.08.2024. He was under the bonafide belief that the Cross
Appeal was filed in time as the ground of Appeal was not served on him. Registry of this High Court pointed out that there is delay of 6 days in filing
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the Cross Appeal as if the same had not been filed within 30 days from the date of appearance.
- On the direction of the Registry, only then, petition had been filed
Issues for consideration
2 issues framed by the court
Whether condonation of six days delay in filing cross objections should be calculated from the date of appearance or the date of paper publication of summons.
Whether the requirement of service of memorandum of appeal triggers the limitation period for filing cross objections in the absence of paper publication.
Parties & counsel
- petitioner
SATHI KUMAR SUKUMARA KURUP
- respondent
THE ANONYMOUS APPELLANT IN A.S.NO.112 OF 2019
Coram
SATHI KUMAR SUKUMARA KURUP
Case details
As recorded by the court registry
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