Govind Prasad vs Dargah Committee Ajmer
2023 Latest Caselaw 6109 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      FA No. 179 of 2018
                                        (GOVIND PRASAD Vs DARGAH COMMITTEE AJMER AND OTHERS)

                          Dated : 17-04-2023
                                Mr. Sheersh Agrawal - Advocate for appellant.

                                Mr. I. Husain - Senior Advocate with Mohammad Kasim Advocate for
                          respondents/cavetor.

Heard on I.A. No.4489/2018, an application under Order 41 Rule 22 CPC read with Section 5 of Limitation Act.

The appeal was admitted on 02.02.2018 whereas the cross-objection has been filed on 02.04.2018.

It is submitted by the counsel for the respondents that the office has raised an objection that cross-objection is delayed by two days. In fact, the cross-objection was filed on 05.03.2018 and since the certificate of Court fee was not affixed, therefore, it was returned back. The Court fee of Rs.23,800/- was duly deposited online through SBI Jabalpur, I.D No.1488/2018 which was annexed with the cross-objection. There was no online information from the bank that the amount was not accepted. After making enquiry from the bank, it

was found that the amount of Rs.23,800/- has been refunded back into the account of the counsel having been not accepted. Therefore, again the amount of Rs.23,800/- has been deposited online through S.B.I. on 15.03.2018 vide I.D No.1552/2018. It is further submitted that even otherwise, the cross-objection was filed on 05.03.2018 i.e. within 90 days against a finding recorded in impugned judgment and decree dated 21.12.2017.

The application is opposed by counsel for the appellant. In view of the submissions made by the counsel for the appellant that the Signature Not Verified Signed by: JULIE SINGH Signing time: 4/20/2023 12:21:02 PM

Court fee which was deposited earlier was not accepted and it was returned back and thereafter, the Court fee was paid once again, the delay in filing the cross-objection is hereby condoned.

The cross-objection is admitted for final hearing. Accordingly, I.A. No.4489/2018, is hereby finally disposed off. Interim relief granted on earlier occasion shall remain in operation till the final disposal of the appeal.

(G.S. AHLUWALIA) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 4/20/2023 12:21:02 PM