LAWS(DLH)-2004-10-135

NARESH MOHAN Vs. URMILA DEVI

Decided On October 26, 2004
NARESH MOHAN Appellant
V/S
URMILA DEVI Respondents

JUDGEMENT

(1.) RC-REV 5 of 2004 is directed against order dated 4.4.2003 of the Additional Rent Control Tribunal in RCA No. 130/2003 dismissing the appeal preferred by the petitioner against order dated 25.1.2003 passed by the Additional Rent Controller in M-1/2000 dismissing an application of the petitioner under Order 37 Rule 4 CPC, which application, in turn, was preferred against order dated 17.11.1998 passed in a petition filed by the respondent under Section 14(1)(e) read with Section 25-B of the Delhi Rent control Act (for short 'Act'). The Additional Rent controller had dismissed the application on the ground that the same was barred by time.

(2.) Brief facts of the case, as noted by the Additional Rent Controller, are as follows :

(3.) It is contended by counsel for the petitioner that the delay was in entering appearance and filing affidavit for leave to defend by 37 days on account of unavoidable circumstances and, therefore, delay ought to have been condoned and leave granted.