HARI SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) Puran Singh made an application for ejectment of Hari Singh on various grounds including non-payment of rent. He succeeded in obtaining ex parte order for eviction of Hari Singh from the shop on July 21, 1970. Hari Singh moved an application for setting aside the ex parte eviction order on October 3, 1970. The said application was dismissed for default of Hari Singh on November 3, 1973. Hence. Hari Singh has come to this court in revision against the said order dated November 3, 1973, whereby his application for setting aside the eviction order was dismissed for default.

(2.) No period for limitation has been prescribed for a revision petition to be filed under sub-section (5) of section 15 of the East Punjab Urban Rent Restriction Act, 1949, but at the same time an aggrieved party is expected to move such revision petition within reasonable time. The said reasonable time must vary with the circumstances of each case, but keeping view that a period of 90 days has been prescribed for revision petition to be filed under the Code of Civil Procedure, it could be legitimate to say that a revision under sub-section (5) of section 15 of the aforesaid Act should ordinarily be filed within 90 days. This revision petition was filed more than five months after the passing of the impugned order. No explanation for the aforesaid inordinate delay in filing the revision petition is forthcoming. Further the impugned order does not suffer from any jurisdictional defect. It too does not suffer from any illegality or irregularity much less material, in the exercise of the jurisdiction vested in the court. It does not suffer from any impropriety as well. Therefore, when the impugned order does not suffer from any illegality or impropriety, it cannot be disturbed in revisional jurisdiction.

(3.) Hence, for the reasons recorded above, this revision petition is without merit and the same is dismissed with costs.