JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally, by the consent of the parties.

2. The petitioner is the original respondent in Application No. 97 of 2017 filed by respondent No. 3, original applicant, before the competent authority, under the Maharashtra Rent Control Act, 1999 (“the Rent Act” for short). His grievance is that his leave to defend was belated by one day and the day, on which the limitation period of 30 days expired, was a Sunday and, therefore, a holiday. Section 4 of the Limitation Act, would apply in such a case and, he would get the benefit of one day.

3. There is no dispute that, the petitioner was served with the summons issued by the authority dealing with the eviction application, on 25.10.2019. The petitioner then was a police officer. He appeared before the authority on 15.11.2019 and sought an adjournment. The adjournment was granted and the matter was posted on 25.11.2019.

4. There is no dispute that the date, on which the summons was served on the petitioner, is the day, which has to be excluded while computing the 30 days’ limitation period. As such, the period of 30 days, will have to be computed, by including 26.1