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Mahadev Govind Gharge and Others Vs The Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka-10/05/2011

Civil Procedure Code, 1908—Order 41, Rule 22 read with Order 8, Rule 1—Appeal against decree—Default from filing appeal within one month—Right of cross-objector is not taken away in absolute terms in case of such default—There is no indefeasible divestment of right of cross-objector in case of a delay and his rights to file cross-objections are protected even at a belated stage by discretion vested in Courts—If a cross-objector fails to file cross-objections within the stipulated time, then his right to file cross-objections is taken away only in a limited sense.

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