MIRZA Vs. RAJINDER KUMAR SAINI

JUDGEMENT

(1.) CM(M) 716/2004 is directed against the order dated 17th March, 2004, of the Additional Rent Control Tribunal (for short "the Tribunal") in RCA No.498/2003, whereby the Tribunal has dismissed the application of the appellant herein for condonation of delay in filing the appeal against the order dated 16th May, 2003, whereby an order is passed on the ground of second default in the proceedings under Section 14(1)(a) of the Delhi Rent Control Act.

(2.) The brief facts of this case as has been noted by the Tribunal are as under :

(3.) Counsel for the petitioner refers to a judgment of the Supreme Court in Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. JT 1987 (1) SC 537, wherein the Supreme Court has directed that a justice-oriented approach is to be taken while interpreting the sufficient cause in Section 5 of the Limitation Act. It has also given various directions which make it incumbent upon subordinate courts to ensure that in the interest of justice the matters are not dismissed on technical grounds but must be disposed of on merits.