HEIRS OF BABUBHAI H KANADA Vs. NATWARLAL CHANDARANA

JUDGEMENT

(1.) The original revision petitioners of Civil Revision Application No.348 of 1988 decided by this Court, have by preferring this application under Section 5 of the Limitation Act, 1963 requested this Court to condone the delay of 440 days for filing a proposed Review Petition under Section 114 of the Civil Procedure Code, read with Order, 47, Rule-1 of the Civil Procedure Code, being Misc. Civil Application [Stamp] No.2140 of 2001.

(2.) The present petitioners and opponent Nos.2 and 3 being tenants were the original defendants in original Regular Civil Suit [Rent Suit] No.345 of 1981 before the trial Court. The opponent No.1 being Landlord was a plaintiff in the said suit. [The parties before this Court will be referred to as the plaintiff and defendants respectively hereinafter for the sake of convenience]. The plaintiff filed one Regular Civil Suit [Rent Suit] No.345 of 1981 in the Small Causes Court, at Rajkot on 16/12/1981, against the defendants for decree of eviction and also to recover the physical possession of the suit premises along with a prayer for money decree to recover Rs.2,697.64 paisa [Rupees Two Thousand Six Hundred Ninety Seven and Sixty Four Paisa] from the defendants. On 31/12/1983, that suit was decreed in favour of the plaintiff and against the defendants.

(3.) The facts leading to this present condonation application are necessary to be stated for taking a judicial decision on the point involved in this application.