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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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M/S. INDIA HOUSE vs. KISHAN N. LALWANI

SCR Citation: [2002] Supp. (5) S.C.R. 522
Year/Volume: 2002/ Supp. (5)
Date of Judgment: 18 December 2002
Petitioner: M/S. INDIA HOUSE
Disposal Nature: Appeals Dismissed
Neutral Citation: 2002 INSC 558
Judgment Delivered by: Hon'ble Mr. Justice R.C. Lahoti
Respondent: KISHAN N. LALWANI
Case Type: CIVIL APPEAL/8548/2002
Order/Judgment: Judgment
1. Headnote

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. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Tamil Nadu Building (lease & Rent) Control Act
  • 1960; Section 25(2)
5. Equivalent citation
    Citation(s) 2003 AIR 2084 = 2003 (9) SCC 393 = 2003 (9) Suppl. SCC 393 = 2002 (9) SCALE 611