Cross-objections can only be filed in relation to a registered appeal, and in the absence of a registered appeal, cross-objections are not maintainable.

( 1 ) THIS S. R. number is given to cross-objections in an appeal proposed to be filed by the Government which has been numbered as S. R. No. 1312 of 1971. This related to land acquisition and arises out of O. P. No. 96 of 1968 on the file of the District Court, Visakhapatnam.

( 2 ) AN extent of Ac. 3-98 cents in survey Nos. 43 and 222 in the village of Dondaparthi in Visakhapatnam Municipal are was sought to be acquired. Section 4 (1) notification was issued on 14-2-1966. The Land Acquisition Officer fixed the market value of this land at 0. 78 Ps per square yard. On reference the lower court enhanced it to Rs. 1. 00

( 3 ) THE Government attempted to file an appeal against this enhancement and that was S. R. No. 1312 of 1971. But they did not pay full court-fee payable on the memorandum of appeal. Consequently, they filed C. M. . No. 11449/1972 for condoning he delay in payment the deficit court-fees. So far the appeal was not registered. Only notice in the condonation petition was ordered by this Court on 21-12-1972. Long after receiving the notice, the claimant has, presented the memorandum of cross-objections on 15-1-1975 claiming at the rate of Rs. 5 per square yard. The learned Government Pleader did not press C. M. P. No. 11449 of 1972 for condonation of the delay and that petition was rejected by this Court on 3-2-1975.

( 4 ) SRI P. Sitarama Raju, the learned counsel for the proposed cross-objector maintains that despite the withdrawal of the petition for condonation of delay in paying the deficit court-fee, his cross-objections are maintainable and they should be decided on merits. The learned Government Pleader demurs to this contention saying that cross-objections are not maintainable.

( 5 ) CROSS-OBJECTIONS in any Appeal are permitted by Rule 22 of Order 41, C. P. C. Sub-rule (1) of that Rule reads as follows :- "any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the court below, but take any cross-objection to the decree which he could have taken by way of appeal, provided he has filed such objection in the Appellate Court within one month, from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time as the Appellate Court may see fit to allow. " A plain reading of sub-rule (1) shows that cross-objections can be filed within one month from the date of service on the respondent cross-objector or his pleader of the notice of the day fixed for hearing the appeal. Sub-rule (4) as : "where, in any case in which any respondent has under this rule filed a memorandum of objection, the original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and determined after such notice to the other parties as the court things fit. "

( 6 ) READING these two sub-rules together, it is manifest that in order to file and maintain cross-objections, there should be an Appeal. We may go to earlier provisions to find out the procedure for admission of Appeals. Rule 9 of Order 41, C. P. C. says that where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose. Rule 11 empowers the Appellate Court to dismiss the appeal without sending notice to the court fro whose decree the appeal is preferred and without serving notice on the respondent or his pleader after sending for the record if it thinks fit and after fixing day for hearing the appellant or his pleader. Rule 21 says that unless the appellate court dismisses the appeal under Rule 11, it shall fix a day for hearing the appeal. It can be therefore accepted that it is the day thus fixed for hearing the appeal that should be informed to the respondent in the Appeal and within 30 days thereof after receipt of the notice, he can prese

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