- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition arises out of the judgment and order dated 22-8-2006 passed by the Additional District Judge, Court No. 1, Banda in SCC Revision No. 73 of 2005, Smt. Girja Devi & Anr. v. Virendra Kumar Rawat & Anr. and the judgment and order dated 14-11-2005 passed by the Judge Small Causes Court, Banda in Misc. Case No. 73/74 of 2000, Smi. Arti v. Virendra Kumar & Anr. Brief facts of the case are that suit No. 1 of 1979, Virendra Kumar Rawat v. Smt. Girja Devi & Ors. , was filed before the Judge Small Causes Court. Banda for arrears of rent and ejectment against the petitioner, The suit was decreed ex parte vide order dated 15-12-2000 passed by the trial Court. The petitioner filed a restoration application for recall of the ex parte order dated 15-12-2000 and on the same day he moved an application for permission to deposit the decretal amount. It is stated that the tender could not be passed on that date and the money could not be deposited. The tender was handed over to the Counsel in the Court below for the petitioner in November, 2001 and the money was deposited on 26-11-2001.
(3.) AN objection was filed by respondent No. 1 to the restoration application inter alia, that the decretal amount was not deposited in time. Thereupon the petitioner moved an application under Section 5 of the Limitation Act for condonation of delay. Against the aforesaid application under Section 5 Limitation Act, respondent No. 1 filed his objection (Paper No. 36-C ). The petitioner filed replication to the aforesaid objection. The Judge Small Causes Court rejected the application under Section 5 of the Limitation Act vide order dated 14-11- 2005. Aggrieved by the aforesaid order dated 14-11-2005 the petitioner filed SCC Revision No. 73 of 2005 before the Revisional Court which too was dismissed vide order dated 22-8-2006, hence this writ petition.;