SHYAMLAL VYAS Vs. INDERCHAND AND ANOTHER

JUDGEMENT

(1.) This civil revision has been filed under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter for short referred to as "Act") read with section 115 of the Code of Civil Procedure, 1908 against orders dated 23.06.2010, 21.05.2013, 07.06.2013 and 19.06.2013 passed by the learned Rent Control Authority, Gwalior in Case No. 24/95- 96x90-7. Vide order dated 23.06.2010, the case was fixed for evidence of the applicant. Vide order dated 21.05.2013, the application under section 151, CPC filed on 08.07.2010 to the effect that direction of the Rent Control Authority to the lead evidence is defective and it is submitted that in terms of the provisions contained in Section 23-D (3) of the Act, the direction to lead evidence is faulty needs to be recalled, has been rejected.

(2.) As far as section 115 of CPC is concerned, an order in revision can be challenged within the limitation of 90 days from the date of decree or order sought to be revised. This is in terms of Article 131 of the Limitation Act.

(3.) In the present case, the applicant has challenged order dated 23.06.2010, but no reason has been assigned as to why this order dated 23.06.2010 was not challenged earlier. It is only mentioned that since order dated 23.06.2010 merged in order dated 21.05.2013, therefore order dated 23.06.2010 can be challenged. It is apparent from the revision petition so also order dated 21.05.2013 that order dated 23.06.2010 has not merged in order dated 21.05.2013, therefore, revision against order dated 23.06.2010 is not maintainable. As far as order dated 07.06.2013 is concerned, time was granted to the applicant's counsel to lead evidence and the same was the position on 19.06.2013. There is stay on the proceedings of Rent Control Authority since 26.08.2013.