ORDER :

1. Heard learned advocate Mr.R.D.Dave for the applicant, learned advocate Mr.Jaydeepsinh H. Rajput for the respondent No.1 and learned advocate Mr.Harshada K. Darji for the respondent No.2 and 3.

2. This application is filed to condone delay of 265 days in preferring Civil Revision Application.

3.1. Learned advocate Mr.R.D.Dave for the applicant submitted that the time was consumed for obtaining the documents like loan agreement, deposit of title deeds etc. from the respondent No.4-Bank as well as from the Debt Recovery Tribunal (for short ‘the DRT’) and Recovery Officer as the applicant is only purchaser and did not have all the papers relating to recovery proceedings and orders.

3.2. It was therefore submitted that there is a sufficient cause to condone the delay of 265 days caused in filing the Civil Revision Application.

3.3. It was further submitted that the applicant has a good prima-facie case and balance of convenience is also in favour of the applicant as the Small Cause Court has no jurisdiction to entertain the Suit filed by respondent No.1 as a tenant of the property which was purchased by the applicant under auction conducted by the Recovery Officer of the Debt Reco