IMPERIAL BUCKET CO A FIRM Vs. BHAGWATI BASAK

JUDGEMENT

(1.) This is an application in revision on behalf of a tenant and is directed against an order passed by Mr. R. C. Dutt Gupta, learned District Judge, Howrah, dated 16-8-1952.

(2.) The facts shortly stated are that on 25-3-1949, the petitioner filed an application for fixation of standard rent in respect of the disputed premises under the provisions of the West Bengal Rent Control (Temporary Provisions) Act, 1948, hereinafter called the 1948 Act. On 9-4-1951, the Rent Controller passed an order fixing the standard rent. It appears from the certified copy of the order of the Rent Controller which was filed in the court below that an application for a certified copy of the order was made on 10-4-1951. The copy was ready for delivery to the petitioner on 20-4-1951. The appeal against the order of the Rent Controller was filed on 15-5-1951. It was duly registered and it came on for hearing before Mr. R. K. Dutt Gupta, learned District Judge, Howrah. At that stage an objection was raised on behalf of the respondent to the appeal that the appeal had been filed out of time inasmuch as the time taken for obtaining a certified copy of the order of the Rent Controller could not be excluded, the provisions of Section 12, Limitation Act not being applicable to the appeal filed by the petitioner. The learned District Judge gave effect to the preliminary objection being of the opinion that the period prescribed for filing an appeal under Section 32 (1) of the 1948 Act which was 30 days was absolute and was not liable to an extension by virtue of the provisions of Section 12, Limitation Act.

(3.) Against this order the petitioner moved this Court in revision and obtained the present Rule. The Rule came up for hearing before Chunder J. The learned Judge by an order dated 9-12-1952 referred the matter to a Division Bench. By a determination made by the Chief Justice this revision case has come up for hearing before us.