Tamil Nadu Building (lease & Rent) Control Act, 1960; Section 25(2)
Proviso:
Period of limitation-Extension of-Held, Discretionary power of the
Court could be exercised to condone delay in filing petition under Section
5 limitation Act, 1963 when such delay does not exceed one month over and
above the period liable to be excluded as time requisite for obtaining certified
copy of order appealed against.
Limitation Act, 1963; Sections 12(2) & 29(2):
Exclusion of time lost in obtaining copy of the order/judgment-Benefit
under Section 12(2), limitation Act-Applicability of-Held. it is statutory
obligation of the Court to extend such benefits to exclude lime lost in obtaining copy of the order/judgment impugned-Such benefit is also
applicable while counting period of limitation prescribed under any special
law/local law-Time lost in obtaining copy liable to be excluded though
application for copy was not made within prescribed period of limitation.
Respondent filed two revision petitions against appellate order of the High Court on 25.9.2001. Respondent applied for certified copy belatedly on
9.11.2001 after expiry of limitation period for filing revision petition as per
provision of Law under the Tamil Nadu Buildings (Lease and Rent) Control
Act and the same was received on 24.12.2001. High Court under its
discretionary power u/s 29 of the Act condoned the delay in. filing revision
petition on sufficient cause shown by the respondent and also considered exclusion of time lost in obtaining copy of the order by extending benefits of
Section 12(2) of the Limitation Act. Hence these appeals.