S.S. Ganguly, J.

The appeal being F.A. No. 184 of 1986 out of which the present C.O.T. arises was filed on 13.984. It appears that the respondent appeared through a learned Advocate sometime in March 1986 In or about July this year the appellant expressed his desire not to continue with the appeal and he wanted that the appeal be dismissed for non-prosecution. On 23.7.90 the respondent filed a cross-objection. The learned Stamp Reporter reported however on 7.890 that the cross-objection was filed beyond the period of limitation. Hence this point has been taken up for decision before taking up the disposal of the cross-objection on merits and the appellant's prayer for dismissal of the appeal.

2. Under Order 41 Rule 22(1) a cross-objection is to be filed within one month from the date of service of notice of the day fixed for hearing the appeal either on the respondent or his learned Advocate or within such further time as the Appellate Court may see fit to allow. In this cast as stated above the cross-objection was- filed a long time after the filing of the appeal. It is admitted position that the notice mentioned in Order 41 Rule 22(1) being the notice described in item 6 o