JABBAR TAILOR MASTER Vs. DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) THIS writ petition was heard by me and allowed on 18 -3 -2002 for the reasons to be recorded later on. The revisional order dated 25 -5 -2001 was quashed and Revisional Court was directed to decide the Revision No. 299 of 2001 within three months from the date a certified copy of this order is filed before it. Now here are the reasons for allowing the writ petition.

(2.) PETITIONER -tenant of the accommodation in dispute filed a revision No. 299 of 2001 against the decree of the trial Court passed in SCC Suit No. 65 of 1999. The Revisional Court rejected the revision filed by the petitioner on the ground that the same is barred by time.

(3.) LEARNED Counsel for the petitioner has argued that there is hardly 7 or 8 days' delay in filing the revision which has sufficiently been explained by him and it is settled law that the delay in filing the application, revision or appeal need not be explained with mathematical precision. The reason given by the Revisional Court that why the petitioner has not filed the revision when the suit was decreed on 3 -4 -2001 before the strike of the Advocates commenced, is wholly untenable in view of the fact that if the limitation is prescribed for filing an application, revision or appeal, the same can be filed up to the last date of limitation and the delay has to be explained only for the period beyond limitation.