- (1.) THE instant first appeal was filed in the year 1993 challenging the judgment dated 29th May, 1993 and the decree dated 10th June, 1993 passed by 2nd Additional Subordinate Judge, Jamshedpur in Partition Suit No. 122 of 1990 decreeing the plaintiff -appellant's suit in part relating to item nos. 1, 2, 3 and 5 of Schedule -B of the plaint while disallowing the plaintiff's claim for partition in respect of item nos. 4 and 6 to 13 of Schedule -B.
(2.) SIXTEEN defendants were arrayed as respondents in the instant appeal. Notices were sent to all the respondents after the appeal was admitted on 4.11 .1995. Mr. V. Shivnath, learned Senior Counsel assisted by Mr. D.K. Chakravorty, filed their memo of appearance on behalf of defendants respondents no. 5, 6 and 7 and also preferred counter claim in respect of the properties shown in Schedule -B of the plaint at serial nos. 7, 9 and 10. The cross -objection has been preferred in the month of October, 2004 with an application under Section 5 of the Indian Limitation Act for condoning the delay in filing the cross -objection. The delay in the instant case is reported by eight years nine months and eight days (3010 days).
(3.) MR . P.K. Prasad. learned Senior Counsel assisted by Mr. Ayush Aditya and Mr. Lalit Kumar Lal, Advocate have appeared on behalf of the appellants to oppose the maintainability and the admission of the counter claim preferred at the instance of the respondents no. 5, 6 and 7.;