NANDLAL Vs. RATAN BAI

JUDGEMENT

(1.) AFTER the order dated 23. 11. 1992, by which, it was held that revision petition against the impugned order dated July 9, 1992 did not lie was dictated and it was held that only appeal could have been filed under the provisions of Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for brevity 'the Act') and oral prayer by Shri S. C. Gupta, learned counsel for the petitioner was made. The time for filing appeal against the impugned order before the learned District Judge may be extended as the petitioner had been persuing a legal remedy in this Court.

(2.) IT is submitted on behalf of the petitioner that this Court has inherent powers to grant such relief in the interest of justice. A reference was also made to provisions of Section 151 read with Section 115 CPC. IT is submitted that it was a bonafide mistake on behalf of the petitioner to have filed revision petition instead of appeal. The learned counsel referred to order dated November 11, 92 passed by this Court in SBCWP No. 7230 of 1992 (Jagdish Prasad vs. State ). The above mentioned writ petition was dismissed as an appeal against the impugned order could have been filed before the Rajasthan State Service Appellate Tribunal. This Court relying on the case of S. Jagadeesan vs. Ayya Nadar Janaki Ammal College & Another directed that the petitioner may file appeal before the Tribunal within 30 days from date of the order of dismissal of the writ petition. IT is, therefore, prayed that the matter under consideration also the petitioner may be given time to file appeal before the District Judge.