Petitioner is a tenant. In SCC Suit No.22 of 2006 he moved an application Paper No. Ga-60 for taking additional evidence on record. The application was allowed vide order dated 28.10.09 on payment of cost of Rs.400/-. Thereafter, an application Paper No. Ga-72 was moved by the respondents that the additional evidence sought to be adduced by the petitioner be returned as he failed to tender the cost within time. The said application has been allowed vide order dated 16.3.2010 and the petitioner's revision against the same has been rejected on the ground of limitation despite the fact that the petitioner has shown sufficient cause for the delay on account of his illness.
Issue notice to the respondents fixing a date.
Till the next date of listing the operation of the impugned order dated 16.3.2010 shall remain stayed.
Order Date :- 14.9.2010 piyush