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1955 (2) TMI 21 - HC - Indian Laws

Issues:
1. Timeliness of the application for leave to appeal in 'forma pauperis'
2. Whether the memorandum of appeal can be treated as cross-objections under Order 41, Rule 22, Civil P. C.

Issue 1: Timeliness of the application for leave to appeal in 'forma pauperis'

The judgment concerns two petitions to decide if the application for leave to appeal in 'forma pauperis' is within the time limit and if the memorandum of appeal can be considered as cross-objections under Order 41, Rule 22, Civil P. C. The appeal was filed after the prescribed thirty-day period, but the appellant argues that it should be treated as cross-objections. Reference is made to a Full Bench judgment of the Lahore High Court stating that the right to submit cross-objections arises when the notice of the date of appeal hearing is issued, not necessarily upon service. The judgment emphasizes that a respondent can present objections even without being served, and the right to file cross-objections accrues at the time of the appeal hearing notice. Precedents are cited to support the view that a time-barred appeal can be treated as cross-objections. The court, therefore, allows the memorandum of appeal to be treated as cross-objections in the current proceedings.

Issue 2: Treating the memorandum of appeal as cross-objections

The respondent argues that the case does not fall under Order 44, Rule 1 Civil P. C. However, upon reviewing the judgment and decree, the court finds this objection unsustainable. Consequently, the court allows the memorandum of appeal to be treated as cross-objections, especially since the cross-objector has been determined to be a pauper. The judgment concludes by granting leave to file cross-objections in 'forma pauperis' and states that there will be no order regarding costs in the proceedings.

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