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2008 Supreme(Raj) 589

JITENDRA RAY GOYAL
East India Hotels (The) Ltd. – Appellant
Versus
Mahendra Kumari, Since deceased, through her LR Jitendra – Respondent


Advocates Appeared:
R.K. Agrawal, for Objector- Respondent; Sudhanshu Kasliwal, for Appellant

Honble GOYAL, J.–Cross objection under Order 41 Rule 22 of the Code of Civil Procedure (in short the `Code) has been filed by Shri Jitendra Singh, legal representative of deceased plaintiff-respondent No. 1 Smt. Mahendra Kumari, in first appeal filed by the appellant-defendant No. 2 the East India Hotels Ltd. against the judgment and decree dated 30.11.2005 passed by Additional District Judge (Fast Track) No. 4, Jaipur City, Jaipur in Civil Suit No. 243/2003 (Old No. 43/1986) whereby the suit of partition, cancellation of sale deed and permanent injunction was partly decreed but the trial Court dismissed the plaintiff suit in so far as she claimed preferential right under Section 22 of the Hindu Succession Act, 1955. This part of the decree was assailed by the plaintiff-respondent No. 1 by way of filing this cross objection. An application under Order 41 Rule 22 of the Code read with Section 5 of the Limitation Act was also filed for condonation of delay and extension of time to file the cross objection.

(2). Heard learned counsel for the parties on the application for condonation of delay and extension of time for filing the cross objection.

(3). Learned counsel appearing for the re



















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