K.A.SWAMI
Raju – Appellant
Versus
Mohamadabi – Respondent
This civil revision petition is preferred against the order dated 27. 1986 passed in M.A.No.54 of 1984 by the learned Appellate Authority under the Pondicherry Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act), reversing the order dated 18. 1984 passed by the Rent Controller in I.A.No.10 of 1984 in H.R.C.O.P.No.90 of 1982. The point for consideration is as to whether the provisions of Sec.5 of the Limitation Act are applicable to the proceeding filed for setting aside the exparte order of eviction passed by the Rent Controller. The Rent Controller passed an ex parte order of eviction on 110. 1983. An application to set aside the ex parte order of eviction was filed under Rule 18(3) of the Pondicherry Buildings (Lease and Rent Control) Rules (hereinafter referred to as the Rules). There was a delay in filing the said application. Therefore, an application to condone the delay in filing was also filed. The Rent Controller applied Sec.5 of the Limitation Act. Condoned the delay and also held that there was sufficient cause for the absence of the respondent. Accordingly, he set aside the ex parte order of eviction.
2. Aggrieved by the order of
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