LAWS(ALL)-2005-7-294

AMIT Vs. RAM MOHAN SAHGAL AND OTHERS

Decided On July 20, 2005
AMIT Appellant
V/S
Ram Mohan Sahgal And Others Respondents

JUDGEMENT

(1.) By means of present writ petition under Art. 226 of the Constitution of India, the petitioner-tenant challenges the order passed by the Revisional Court under the provisions of the Provincial Small Causes Courts Act, whereby the Revisional Court by the order dated 30th Oct., 2004 rejected the petitioner's applications under Sec. 5 of the Limitation Act for condonation of delay in filing the revision before the Revisional Court.

(2.) The facts leading to the filing of the present writ petition are that respondent-landlord Ram Mohan Sahgal filed a suit against the petitioner-tenant being S.C.C. Suit No. 61 of 2000 in the Court of Judge, Small Causes Court for arrears of rent and ejectment. The said suit was decreed ex-parte by the Trial Court vide order dated 17th May, 2002. As per assertion made by the petitioner in the writ petition as well as before the Revisional Court, the petitioner-tenant came to know about the ex-parte decree dated 17th May, 2002 on 27th Aug., 2002 from the respondent-landlord. Thereafter, immediately after coming to know about the ex-parte decree dated 17th May, 2002, the petitioner applied on 28th Aug., 2002 for certified copy of the order dated 17th May, 2002 i.e., the next date of acquiring the knowledge of ex-parte decree.

(3.) The petitioner-tenant received the certified copy of the order dated 17th May, 2002 only on 23rd Sept., 2002. On receipt of the certified copy. the petitioner's Counsel inspected the file of the S.C.C. Suit No. 61 of 2000 on 30th Sept., 2002. Thereafter, on 8th Oct., 2002, the petitioner-tenant filed a S.C.C. revision alongwith an application under Sec. 5 of the Limitation Act for condonation of delay in filing the revision. It is this application for condonation of delay in filing the revision which has been rejected by the Revisional Court and the revision has been dismissed as barred by time, thus this writ petition.