RAMESHWAR Vs. MANJULA CHAUHAN

JUDGEMENT

(1.) THE short point which arises for consideration in this revision petition is as to whether in the light of Section 12 (2) of the Limitation Act where in a given case there is delay of 10 days in presenting the appeal against the interim order for fixation of interim rent under Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 passed by the trial Court could such delay have been condoned by the Appellate Court on the assertions of the petitioners?

(2.) MR. Virendra Agrawal, learned counsel for the petitioners has contended that eviction petition was filed against the defendants (petitioners) on the ground of default in payment of rent, subletting, nuisance and non-user of the premises in the Court of Additional Civil Judge (Junior Division) (West), Jaipur which was registered as Civil Suit No. 536/93 by the respondents. The suit was contested by the petitioners by filing the written statement. There was a dispute regarding rate of rent. The trial Court vide its order dated 2. 6. 1999 had determined the provisional rent @ Rs. 200/-per month and directed the petitioners to make the payment of Rs. 26460/-within 15 days.

(3.) HAVING considered the contentions of the learned counsel for the petitioner and the reasons assigned by the appellate Court, it is not is dispute that the appeal was filed before the lower appellate Court on 13. 7. 1999. Admittedly, impugned order challenged in appeal was passed by the trial Court on 2. 6. 1999 when Summer Vacations did not commence but it commenced on 3. 6. 1999 and had been over on 30. 6. 1999. Hence, the application should have been filed on 1. 7. 1999 being the opening day. Further, admittedly certified copy of order dated 2. 6. 1999 was neither applied for on the same day i. e. 2. 6. 1999 nor on the opening day after vacation was over, i. e. 1. 7. 1999 but was applied for by presenting application for certified copy on 3. 7. 1999. Section 12 (2) of the Limitation Act, 1963 provides as under:- " 12. Exclusion of time in legal proceedings (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed shall be excluded. "