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1992 Supreme(Ker) 125

VARGHESE KALLIATH, BALASUBRAMANYAN
Thomas – Appellant
Versus
Mukunda Menon – Respondent


Judgment :-

Kalliath, J.

This is an application for condoning the delay of 318 days in filing the Civil Revision Petition. This application is filed under S.5 of the Limitation Act. In support of the application, petitioner has filed an affidavit. Along with the affidavit, petitioner has filed two medical certificates.

2. Before considering the question whether delay has to be condoned or not, we have to consider a technical point raised by counsel for respondent. Counsel for respondent submitted that S.5 of the Limitation Act is not applicable in the matter of a revision filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short, the Act, and as such the application is not maintainable. He submitted that S.5 is applicable only if a time limit is prescribed for filing an appeal or application. S.20 of the Act only provides that the superior court, viz. by virtue of the notification dated 31-8-1989, the High Court "may at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under the Act." Clearly the section does no t provide for a time, when it is provided that the aggrieve










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