KULDIP SINGH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) On 11th October, 1972, when S.A.O. 192 of 1972 was taken up for arguments, a contention was raised by Shri Gopal Narain Agarwal, learned counsel for respondent No. 1 that the said appeal was barred by limitation. That being so, the learned counsel for the petitioner after obtaining time, filed on applicate (C.M. 1128-J of 1972) under section 38(2) of the Delhi Rent Control Act, 1958 (herein to be called the Act) read with Rule 23 of the Rules framed under the Act and section 5 of the Limitation Act, for condonation of delay in filing the certified copy of the order of the Additional Rent Controller (herein to be called 'the Controller').

(2.) This appeal is directed against the judgement dated 11th April, 1972, passed by Shri Gian Chand Jain. Rent Control Tribunal, Delhi. Along with the appeal an application under Order 42, Rule 2 read with section 151, Civil Procedure Code was filed seeking exemption from filing the certified copy of the order dated 30th October, 1969, passed by the Controller, as also from filing certified copy of grounds of appeal taken before the Tribunal. The submission in the said application was that an application for obtaining certified copy of the order of the controller had been filed with the Copying Agency but that the said copy had not so far been delivered to the petitioner. In the circumstances, exemption from filing the certified copy was claimed. That application was allowed by my order dated 11th July. 1972, when the appeal came up for admission.

(3.) Certified copy of the order passed by the Controller was filed in the Registry on the 8th August, 1972, by Shri Amarjit Singh, Advocate, through a forwarding letter of the aforesaid date.