PRAKASH KUMAR SINHA Vs. HIRALAL SAN

JUDGEMENT

(1.) The present writ petition has been filed for quashing the orders dated 4.2.2013 and 29.5.2012 passed by learned Sub-Judge 1st, Patna in Eviction Suit No. 120/2011 (Annexure-6 & 4) by which, inter alia, the learned Court had rejected the petition under Section 14(4) of B.B.C. Act, filed on behalf of the petitioner for granting to leave to contest the suit on the ground that earlier similar petition has already been rejected on 29.5.2012. Learned senior counsel Mr. T.N. Mattin, appearing for the petitioner submits that the application dated 17.2.2012 (Annexure-2), albeit a misconceived one, was filed for leave to file a written statement which was however rejected in terms of the impugned order dated 29.5.2012 (Annexure-4) on the ground that the same had been filed without affidavit nor had the grounds for seeking leave to contest the suit been stated therein, it is therefore submitted that the said petition could not be treated as being one under Section 14(4) B.B.C. Act.

(2.) Learned counsel for the petitioner further submits that the petition under Section 14(4) of the B.B.C. Act was filed on 13.9.2012 (Annexure-'5) with the requisite affidavit and fulfilling the criteria thereof. The same has however been rejected by the impugned order dated 4.2.2013 (Annexure-6) only on the ground that the earlier application dated 17.2.2012 had been disposed of on 29.5.2012, and it was therefore not permissible nor reasonable to pass further orders on the second application.

(3.) It is, therefore, submitted on behalf of the petitioner that inasmuch as no limitation was prescribed for filing the petition under Section 14(4) of the Act, the same was filed on 13.9.2012 and the learned Court has proceeded on an erroneous footing by treating the earlier application dated 17.2.2012 as one under Section 14(4) of the Act. Reliance has been placed on the decision (Rajendra Mahto vs. Hari Narayan Mahto,1989 PLJR 489) that there is no limitation for filing affidavit or obtaining the leave of the Court for the purposes of under Section 14(4) of the Act.