Mohd. Kutubuddin Ansari vs Smt. Ranju Singh
2022 Latest Caselaw 765 Chatt

       HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
             Proceedings through Video Conferencing
                             FA No. 233 of 2018
             Mohd. Kutubuddin Ansari Versus Smt. Ranju Singh




14/02/2022           Shri Rajkumar Pali, Counsel for the Appellant.


                     Shri Ravindra Agrawal, Counsel for the Respondent.

Heard on I.A. No. 3 i.e. application for condonation of delay in

filing the cross objection.

The instant appeal is filed against the judgment and decree

dated 27.01.2018, wherein after service of notice, cross objection has

been filed with delay of 83 days.

Learned counsel for the respondent submits that after service of

notices, the respondent's contacted their local counsel who was

representing them before the court below and thereafter they

contacted the counsel in the High court and vakalatnama was filed on

21.08.2018 and subsequently the cross objection has been filed on

04.09.2018. He further submit that because of the clerical mistake of

the local counsel the notices were tagged in some other file.

Consequently, the delay of 83 days have been occurred and prays that

the delay be condoned.

Learned counsel for the appellant opposes the prayer for condonation of delay.

Having considered the fact and the reasons assigned which is

supported by affidavit, in order to advance the cause of justice, while

hearing the appeal on merits and further looking into the fact and the

reasons which are assigned, as no exorbitant delay have been

projected. Consequently, we are inclined to condone the delay of 83

days in filing the cross objection.

Accordingly, I.A. No. 03 is allowed.

Since the paper book is already filed, the cross objection be

tagged along with the paper book to avoid confusion while hearing the

case on merits during the final hearing.

Learned counsel for the respondent is directed to collect the

paper book from the Registry also and thereafter attach the cross

objection and the same shall be placed again in the form of paper

book.

Thereafter, list the case for final hearing.

                       Sd/-                                Sd/-
                 (Goutam Bhaduri)                    (Sanjay S. Agrawal)
                     Judge                               Judge




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