LAWS(RAJ)-2003-8-28

SUSHILA DEVI Vs. SACHINDRA NATH SAXENA

Decided On August 28, 2003
SUSHILA DEVI Appellant
V/S
SACHINDRA NATH SAXENA Respondents

JUDGEMENT

(1.) THIS revision petition under Section 115 CPC, 1908 is directed against the order dated 11. 09. 2001 of the Additional Civil Judge (JD) No. 5 (North), Kota. Under this order the application filed by the defendant petitioner under Section 5 of the Limitation Act for condonation of delay made in depositing the provisional rent has been rejected.

(2.) LEARNED counsel for the plaintiff respondent submitted that in view of the latest pronouncement of the Apex Court the learned trial Court has no jurisdiction to extend the period to deposit the rent determined under Section 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 and the learned trial Court has passed just and reasonable order in which this Court may not make any interference.

(3.) THE defendant petitioner filed S. B. Civil Misc. Application No. 1/200 in S. B. CRP No. 873/99 for extension of the time.