( 1 ) THIS second appeal under Section 39 of the Delhi Rent Control Act. 1958, hereinafter referred to as "the Act" is directed against an order of the learned Rent Control Tribunal dismissing appeal under Section 38 of the Act against an order of the learned Rent Controller by which the appellant s plea for condonation of delay in payment of court fees was rejected.

( 2 ) THE respondent herein, the landlady, sought eviction of the appellant, the tenant. from the premises in dispute on various grounds and in the course of the reply filed to the application by the appellant, the appellant, while resisting the eviction action on various grounds, set up a plea about the fixation of the standard rent of the premises in dispute. It is not disputed that in view of the fact that the eviction action was not based on default of payment of rent, the plea of the appellant for fixation of standard rent was tantamount in law to an application for fixation of standard rent and, therefore, required a court fees of Rs. 13 leviable on such an application. The appellant, however, did not affix any court fees on the reply presumably under the impression that a plea for fixation of standard