Limitation for Filing Cross-Objections and the Requirement of Formal Notice Following Appearance at Admission
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Case: THE GENERAL MANAGER, BOMBAY ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING v. USHA INDRAJEET YADAV AND ORS
Court: Bombay High Court
Date: 22-07-2026
Law: Code of Civil Procedure, Limitation Act.
Highlights of the Judgment:
- Interpretation of Order 41 Rule 22 of the Code of Civil Procedure regarding the commencement of limitation for cross-objections.
- Analysis of whether formal notice is mandatory when a respondent enters an appearance at the admission stage.
- Application of the "Mahadev Govind Gharge" precedent concerning the waiver of service through participation in judicial proceedings.
- Examination of Rule 3, Chapter VII of the Bombay High Court Appellate Side Rules, 1960.
- Judicial determination on the requirement for condonation of delay applications in significantly belated cross-objections.
- Clarification that knowledge of admission attributed to a pleader triggers the statutory one-month limitation period.