PARKASH CHAND GOEL Vs. PADAM SAIN JAIN

JUDGEMENT

(1.) THE petitioner filed a suit for recovery of Rs. 3,000/- on account of rent for the period 1.4.75 to 30.6.1976 at Rs. 200/- per month. The defendant resisted the suit mainly on the ground that the agreed rent was Rs. 150/- per month. The trial Court by judgment dated 14.9.1981 held the agreed rent to be Rs. 150/- per month and passed a decree for Rs. 2,250/- with proportionate costs. The appeal by the tenant under Section 96 of the Code of Civil Procedure was held to be not maintainable by order dated 21.10.82 of A.D.J. in view of Section 96(4) of the Code of Civil Procedure as the subject matter of the original suit did not exceed Rs. 3,000/-. The plaintiff filed the present revision petition under Section 115 of the Code on 11.7.1983 claiming decree for the entire sum of Rs. 3,000/-.

(2.) LEARNED counsel for the respondent submits that the revision petition is barred by the time and there is no application under Section 5 of the Limitation Act disclosing any sufficient cause. Learned counsel for the petitioner submits that after excluding the time spent in prosecuting appeal before the Additional District Judge and the time spent in obtaining certified copy of the judgment of trial Court, the revision is within time. It is admitted that no application under Section 5 of the Limitation Act has been filed. The Additional District Judge on 21.10.82 held the appeal to be not maintainable. Certified copy was applied on 23.10.82 and it was ready on 23.6.83. This Court reopened on 4.7.83 after summer vacations. The petitioner filed the revision on 11.7.83. No sufficient cause has been disclosed by the petitioner why the revision was not filed on 4.7.83 even if the time spent, in prosecuting the first appeal before the ADJ, and in obtaining certified copy of the trial Court judgment is excluded. The revision is therefore clearly barred by time.

(3.) IT is submitted that the petitioner had also filed a suit for recovery of rent for the subsequent period from 1.7.76 to 31.1.77 which was decreed by trial Court on 21.10.78 @ 200/- per month. But on appeal the A.D.J. by judgment dated 18.5.79 (Ex.DX-1) held the monthly agreed rent to be Rs. 150/- and modified the decree accordingly. The judgment of A.D.J. was confirmed by this Court in Second Appeal (RSA No. 245 of 1979 dated 9.1.80).