Court No. - 7 Case :- WRIT - A No. - 44648 of 2010 Petitioner :- Majhauli Raj Education Society, Sri Ram Janki Mandir Respondent :- Additional District Judge, And Others Petitioner Counsel :- Ajay Kumar Singh,Ashish Kumar Singh Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and perused the record.
The petitioner filed a SCC suit no. 45 of 2003 against the respondent-tenant
for eviction and arrears of rent and the same was decreed on 15..11.2007. The
respondent-tenant preferred a Rent Revision no. 1 of 2008 but the same was
dismissed on merits but in his absence on 18.5.2009. However, after about 10
months, he made an application under Order 9 Rule 9 CPC together with an
application for condonation of delay which was registered as Misc. Case no. 4
of 2010. The petitioner filed his objection contending that the application
under Order 9 Rule 9 was not maintainable and also contested the delay
condonation appliction. However, the delay condonation application was
allowed by the revisional court by the impugned order dated 6.5.2010.
Considering the fact that the court has exercised its discretion in condoning
the delay, it would not be appropriate to interfere at this stage. However,
considering all the facts, it is necessary that the application itself should be
decided on merit either on the next date or within 15 days from the date of
receipt of a certified copy of this order.
Subject to the aforesaid observation, this petition is finally disposed off.
Order Date :- 30.7.2010
AU