Court No. - 7
Case :- S.C.C. REVISION DEFECTIVE No. - 17 of 2018 Revisionist :- Naseer Ullah Opposite Party :- Rafiq Ahmad And 3 Ors Counsel for Revisionist :- Santosh Kukmar Tiwari
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the defendant-tenant/revisionist.
This revision under Section 25 of the Provincial Small Causes Courts Act,1887, has been filed praying to set aside the impugned judgment and order dated 1.8.2017 in S.C.Case No.03 of 2007 ( Rafiq Ahmad and others v. Naseer Ullah) passed by the Court of Small Cause (Court No.10), Shahjahanpur.
The revision has been filed beyond limitation by 129 days along with Delay Condonation Application and affidavit. In the affidavit accompanying the Delay Condonation Application, the defendant-tenant/revisionist has stated as under:
"1. That the deponent is the nephew of the revisionist in the aforesaid case and as such he is well conversant with the facts and circumstances of the case.
2. That this is first Civil Revision is being filed on behalf of the revisionist before this Hon'ble Court against the impugned judgment and order dated 01.08.2017 passed by Additional District Judge, Small Causes Court, Court No.10, Shahjahanpur in Small Causes Case No.03 of 2007 (Rafiq Ahmad and others Vs. Naseer Ullah) and no any other Revision is being filed before this Hon'ble Court or its Bench at Lucknow.
3. That the revisionist has not done any deliberate delay in filing the present civil revision before this Hon'ble Court he could not file the aforesaid revision within time because he could not manage the rupees when he arrange the same approach to his counsel and came to Allahabad on 14.03.2018 and is filing the present revision before this Hon'ble Court if this Hon'ble Court finds any delay in filing the present civil revision the same may be condoned giving the benefit of Section 5 of Indian Limitation Act so that justice may be done otherwise the revisionist suffer and irreparable loss and injury.
4. That full facts and circumstances of the case, it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased condone the delay if any this Hon'ble Court may finds any delay in filing the present Civil Revision giving the benefit of Section 5 of Indian Limitation Act so that justice may be done otherwise the revisionist may suffer irreparable loss and injury and/or may pass such other and further orders and direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case".
The only explanation offered for delay in filing the revision as evident from afore-quoted paragraph-3 of the affidavit, is that "the defendant-revisionist could not file the aforesaid revision within time because he could not manage the rupees when he arrange the same approach to his counsel and came to Allahabad on 14.03.2018 and is filing the present revision".
Undisputedly, the defendant-tenant/revisionist carries on business in a big shop measuring 13 feets x 26 feets. He has neither filed the balance-sheet nor copy of the cashbook of the relevant period nor copy of his pass book to establish that he was not having money for expenses to file the revision. Thus, the explanation offered by the defendant-tenant/revisionist is wholly baseless and incorrect. In the absence of any proper explanation for delay, the delay cannot be condoned. Therefore, the Delay Condonation Application No.2 of 2018 is rejected. Consequently, the revision also stands dismissed.
Order Date :- 28.3.2018 Ak/