SHYAM LAL Vs. SHANTI DEVI

JUDGEMENT

(1.) -HEARD Sri Divakar Rai Sharma, learned Counsel for the applicant and Sri Atul Dayal appearing for opposite party.

(2.) THE short question which arises for determination in this case is whether provisions of section 5 of Limitation Act are applicable and delay can be condoned in making application to record adjustment or satisfaction of decree under section 21 (2) of the Code of Civil Procedure, 1908 (for short the "code' ).

(3.) FACTS, giving rise to the dispute, are as under. Suit filed by the plaintiff-respondent before the Judge, Small Causes Court for arrears of rent and ejectment was decreed vide exparte judgment and order dated 30. 3. 1990. Application filed by the tenant-application under Order IX, Rule 13 of the Code was also dismissed on 24. 4. 1991. The said order was put to challenge by the tenant-applicant by filing Civil Revision No. 381 of 1991 before this Court which was dismissed on 10. 4. 2007. However, this Court allowed six months time to the tenant-applicant to vacate the premises subject to his giving undertaking before the Court below to hand over vacant possession of the premises in dispute and deposit of the entire decretal amount as well as damages for use and occupation.