SUSHIL KUMAR BANKA Vs. VIJAY KUMAR MAHESHWARI

JUDGEMENT

(1.) Parties have been validly served.

(2.) The petitioner is aggrieved of order dated 16.09.2016 passed in J.B.C. Case No.43 of 2016 by which leave to defend has been granted to the defendant.

(3.) Plea raised by the petitioner is that under section 21(4) of the Jharkhand Building (Lease, RentEviction) Control Act, 2011 read with Art. 118 of the Limitation Act, an application seeking leave to defend must be filed within 10 days of service of summons upon the defendant. The petitioner has asserted that summons was issued on 02.06.2016, which was served upon the defendant on 006.2016, however, he has filed an application seeking leave to defend on 17.08.2016.