ABHIMANYU PRASAD SAH Vs. MURLIDHAR BHAWSINGHKA

JUDGEMENT

(1.) HEARD Counsel for the parties in the limitation matter. In the circumstances of the case, the delay in filing the civil revision is condoned and the limitation petition is allowed.

(2.) THIS civil revision under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short, the BBC Act) by the defendant arises from an order of eviction.

(3.) THE petitioner filed petition with affidavit seeking leave to contest the suit as required under sub-section (4) of Section 14 of the Act on 3.8.96. By order dated 8.8.96 leave was refused. The petitioner filed Civil Revision No. 1526 of 1996 in this Court which was dismissed on 16.10.96. The petitioner thereafter filed application seeking leave to file written statement after recalling the previous order. The Court naturally rejected that application as well on 16.11.96. The suit was finally decreed and order of eviction was passed against the petitioner on 3.1.97. The petitioner filed Title Appeal No. 4 of 1997 before the District Judge, Godda. The District Judge held that in view of the provisions of sub-section (8) of Section 14 of the Act, the appeal was not maintainable, and dismissed the same on 27.6.97. This civil revision was thereafter filed along with an application for condonation of delay on 16.7.97.