1 caf2702-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2702 OF 2011 IN FIRST APPEAL NO. 132 OF 1999 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. A. N. Samant for the applicant. Mr. C. S. Joshi for respondent No.2. ..... CORAM : A.S.OKA, J. DATE : AUGUST 3, 2011. P.C.: This is an application made for condonation of delay in filing the Cross Objection. It is contended in the application that the Appeal was decided on 10th June, 2010 and notice of the First Appeal was served to the respondent on 19th June, 2010. The Appeal was restored by order dated 22nd February, 2011. The Cross Objection was filed on 28th June, 2011. The delay is only 98 days from the date of restoration of Appeal. Therefore, the applicant has invoked Section 5 of the Limitation Act, 1963 2 caf2702-11 for condonation of delay. 2. Section 5 of the Limitation Act is not applicable. Under Sub Rule 1 of Rule 22 of Order XLI of the Code of Civil Procedure, 1908, the Appellate Court is conferred with the power to extend the time to file a Cross Objection. For the reasons which are set out in the Judgment delivered in the First Appeal and Cross Objection, this is a fit case where time to file Cross Objection deserves to be extended. Accordingly, application is disposed of by directing that time to file Cross Objection is extended. Hence, the Cross Objection be registered. (A.S.OKA, J.)