DEVI AMMAL Vs. G T TRANSPWORTS

JUDGEMENT

(1.) THE petitioner has filed the above revision against the order passed in R.C.A.No.73 of 1994, on the file of the learned appellate authority, Tiruchirapalli, dated 28.11.1997. THE application for the certified copies of the order was made on 3.12.1997 and the same was made ready on 1.4.1998, and it was delivered on 2.4.1998. According to section 25(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, the revision has to be preferred within one month from the date on which the order or proceeding to which the application relates is communicated to the applicant. On that basis the last date for filing the revision was 26.4.1998. But the revision was filed on 8.6.1998 with the petition to condone the delay in C.M.P.S.R.No.37100 of 1998.

(2.) THE Registry on the basis of proviso to section 25(2) of the Act found that the High Court has power to condone the delay of 30 days only. It also found that the revision filed was beyond the period prescribed under the proviso to section 25(2) of the Act and so it raised a doubt as to whether the petitioner can maintain this revision as the same has been filed beyond two months from the date on which the order of the appellate authority has been communicated to the applicant, namely, 2.4.1998. So, the Registry was directed to post the case before this Court for orders.

(3.) ONLY on the basis of these principles, section 4 of the Limitation Act were enacted. According to those provisions, in such event, it is open to a litigant to present the proceeding on the next working day when the Court was open for transaction of business as per its normal working hours.