JUDGMENT - R.S. MOHITE, J.:-Rule. By consent rule is made returnable forthwith.

2. This is a writ petition challenging an order dated 23-1-2001 passed by the Additional Collector, Nagpur rejecting an appeal filed by the petitioner on the ground of limitation. The order passed by the Rent Controller which is under appeal is dated 30-12-1996. It is not seriously disputed that just before passing of this order on 23-12-1996 the father of petitioner Nos. 2 to 7 and husband of petitioner No. 1 i.e. the original tenant had expired. It appears that the order of the Rent Collector was not communicated by the Rent Controller to any of the present petitioners.

3. It was the contention of the appellants in the appeal memo that they received summons in a consequent suit being Civil Suit No. 335/98 for delivery of possession and recovery of damages from them. The appellants applied for grant of certified copy of the order thereafter on 18-9-1998. The certified copy was received by them on 18-2-1999 and the appeal has been thereafter filed on 4-3-1999.

4. I find that since there is no actual communication of the order of the Rent Controller, it cannot be said that the appeal in question was barr

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