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ROHIT RANJAN AGARWAL
Seema Devi - Objectors – Appellant
Versus
ICICI Lombard General Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. filing timing and procedural background (Para 2 , 3 , 9) |
| 2. defendant's right to cross-appeal and related precedents (Para 4 , 5 , 6 , 7) |
| 3. understanding provisions and implications of order 41, rule 22 (Para 8 , 10 , 11) |
| 4. delay in filing and its legal consequences (Para 12 , 14 , 15) |
| 5. limitations on time-bound filing upheld. (Para 13) |
| 6. court's decision on motion and conclusion (Para 16 , 17) |
JUDGMENT
Rohit Ranjan Agarwal, J.
In Re: Civil Misc. Delay Condonation Application No.05 of 2023
Heard Sri. Rakesh Kumar Porwal, learned counsel for the respondents no.1 to 3 and 5 and Sri. Aditya Singh Parihar, learned counsel for the appellant.
2. The cross objection/cross appeal has been filed with the delay of almost 7 years. The judgment and award passed by Motor Accident Claims Tribunal, Bijnor in MACT Case No.88 of 2013 (Smt. Seema Devi and others v. Shehnawaz Chaudhary and others) is dated 06.08.2016.
3. The respondents before this Court had preferred a caveat application and were heard by this Court when the award was challenged by the Insurance Company/appellant. This Court on 01.12.2016 had admitted the appeal and issued notices to the respondents.
4. The earlier
Cross objections in civil appeals must be filed within the 30-day limit set by Order 41, Rule 22 CPC; failure to do so, without valid reasons, renders them inadmissible.
The court affirmed that the Appellate Court has broad discretion to condone delays in filing cross-objections, especially when justified by unique circumstances such as prolonged stays and the death ....
The main legal point established in the judgment is the interpretation of Order XLI Rule 22 of the Code of Civil Procedure and the start of the limitation period upon the service of notice of admissi....
Cross-objections are maintainable in appeals to the High Court from Tribunals despite lack of specific statutory provision.
The main legal point established in the judgment is the requirement for a sufficient cause for not preferring the appeal within the prescribed period, emphasizing the need for a justice-oriented appr....
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