Prem Sagar Tewari v. Ixth Additional District Judge Kanpur
1999-10-08
YATINDRA SINGH
body1999
DigiLaw.ai
JUDGMENT : - Yatindra Singh, J. This is a writ petition against the order dated 27th May, 1995 dismissing the revision filed by the landlord on the ground that it is barred by time. 2. THE premises in dispute was allotted to M/s Prem Engineering Works (the contesting respondent) on 13th March, 1994. Against this order of allotment a revision was filed on 2nd July, 1984. This revision was barred by time and was dismissed by District Judge by impugned order dated 27th May, 1995 on the ground that there is no sufficient cause explaining the delay, hence the present writ petition. I have heard Sri R. N. Bhalla, Counsel for the petitioner and Sri Pankaj Bhatiya, Counsel for the respondent. 3. THE petitioner alongwith his revision has filed application under Section 5 of the Limitation Act supported by an affidavit for condoning the delay. THE reason given by the petitioner for condoning the delay was that initially he had no knowledge, thereafter he and his Counsel fell ill. THE revision was filed after re-opening of Court after summer vacation. This is a sufficient ground. This is a fact, which was in personal knowledge of the petitioner and was sufficient cause for not filing the revision earlier. THE District Judge while dismissing the revision has observed that the allotment order is 11 years old and rent is being accepted by the landlord and so delay should not be condoned. This is not relevant for deciding the application for condonation of delay. 4. THUS, in view of this the order dated 27th May, 1995 is quashed. The matter is sent back for decision on merit. The revision is very old one. It may be decided at an early date. With these directions the writ petition is allowed. Petition allowed.