Judgment : 1. The Petitioners/ 2nd and 5th Defendants have preferred this Miscellaneous Petition praying to condone the delay of 77 days in filing the cross objection, as per Section 5 of the Limitation Act. 2. According to the Learned Counsel for the Petitioners/Cross Objectors the 1st Petitioner/ 1st Cross Objector has not possessed of a sum Rs.18,114/- towards Court Fee and he has returned back to his native for making arrangements and later he fell ill due to typhoid and after recovering from the said illness, has preferred the cross objection with a delay of 77 days which is neither wilful nor wanton but due to the aforesaid reasons. 3. No counter is filed on behalf of Respondents 1,2 and 4. Notice to 3rd Respondent has been served through Court, but there is no representation either in person or through Learned Counsel at the time of hearing of the matter. 4. It is to be noted that right to take a cross objection in an Appeal is nothing but the exercise of the same right of appeal which is given to an aggrieved party and it is not a new right showered by Order 41 Rule 22 of Civil Procedure Code. A cross objection can be filed by a party who might have appealed from the Decree of the Court below, but has not done so as per decision RS Rammohanrai Jaswantrai Desai V. Somabhai Nathabhai Paterl AIR 1950 Bom 161. 5. Inasmuch as the 1st Petitioner / 1st Cross objector in his affidavit has assigned the reason that he has not been in a position to pay the Court Fee of Rs.18,114/- because of lack of funds and later he has returned back to his native for making arrangements and further that he has been afflicted with typhoid disease etc., and after recovering from the illness has filed the present cross objection with a delay of 77 days, this Court to do substantial justice between the parties, over riding technicalities, by adopting liberal pragmatic, common sense approach allows the condonation of delay petition to promote substantial cause of justice without costs. 6. In the result, the petition is allowed without costs.