CHHANGANI, J.

( 1 ) THIS is an application by Radhey Shyam praying that the cross-objections filed by him should be heard on merits. The application has come for decision in the following circumstances:

( 2 ) IN S. B. Civil Regular First Appeal No. 126 of 1958, Ram Kripal v. Seth Radhey shyam, a learned Single Judge of this Court pronounced his judgment on 10th july, 1969. By that judgment Ram Kripals appeal was partially allowed and the decree of the trial Court was modified. Radhey Shyam did not choose to prefer any appeal against the judgment and decree of the learned single Judge, although the limitation for presenting the appeal expired on 9th August, 1969. Ram Kripal however, preferred an appeal on 9th September, 1969. "after the usual checking by the office the appeal was registered on 16th September, 1969, and was fixed for a preliminary hearing on 21st Octo-ber, 1969. On 21st October, 1969, Radhey shyam filed cross-objections. The preliminary hearing fixed for 21st October, 1960, was adjourned to 13th November, 1969. In the meanwhile on 3rd november, 1969, the appellant Ram Kripal submitted an application withdrawing the appeal and the appeal was allowed to be wit