1998 Supreme(Raj) 1079

RAJASTHAN HIGH COURT
Bhagwati Prasad, J.
Amajad Ali - Appellant
Versus
Abdul and others - Respondent
S.B. Civil Revision No. 701 of 1997.
Decided On : 28-04-1998

Necessity for the Courts to finally adjudicate the application under Section 5 of the Limitation Act

Headnote:

Limitation Act - Application under Section 5 - Court emphasizes the necessity for the Courts to finally adjudicate the application under Section 5 of the Limitation Act, setting aside the impugned orders and remanding the case to the trial Court for adjudication.

Fact of the Case:

The revisionist made an application under Section 5 of the Limitation Act, which was not finally adjudicated by the Courts below.

Finding of the Court:

The Court found that the Courts below had not finally adjudicated the application under Section 5 of the Limitation Act, and emphasized the necessity for such adjudication.

Issues: Failure of the Courts below to decide the application under Section 5 of the Limitation Act

Ratio Decidendi: The Court's decision was influenced by the Full Bench Judgment which held that Section 5 of the Limitation Act has application in rent control matters, and emphasized the material irregularity committed by the Courts in not deciding the application under Section 5 of the Limitation Act.

Final Decision: The orders impugned were set aside, and the case was remanded back to the trial Court to first adjudicate the application under Section 5 of the Limitation Act and then decide the application for striking off the defence. The non-petitioner was ordered to pay the cost of Rs. 1000/- to the petitioner.