1989 Supreme(Raj) 589
M.C.JAIN
Firm Kirpram Ganeshilal – Appellant
Versus
Vijay Kumar – Respondent
For the Petitioner:Mr. G.M. Bhandari and Mr. H.N. Calla, Advocates.
For the Non-petitioner:Mr. Rajendra Mehta, Advocate.
JUDGMENT
1. - This revision petition has been filed against the order of the learned Additional District Judge, No. 2, Sri Ganganagar dated January 21, 1989 by which he dismissed the application of the defendant petitions moved under Section 151 and Order 47, Rule 1, Code of Civil Procedure (here in after referred to as the 'Code') and Section 14(4), Rajasthan Premises (Control of Rent and Eviction) Act, 1958 (here in after referred to as the 'Act') and also application moved under Section 5, Limitation Act for reviewing the order dated December 9, 1985 striking out his defence and condoning the delay for depositing the amount of rent determined. The facts of the case giving rise to this petition may be summarised thus.
2. The plaintiff non-petitioner instituted a suit against the defendant petitioner for his eviction on various grounds including the ground of default in payment of rent. On July 30, 1985, the learned Additional District Judge Provisionally determined the amount of Rs. 33, 105.13 as rent etc. It was not paid within fifteen days. An application for extension of time for payment was made by the defendant petitioner. By order dated September 2, 1985, two months time was
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