Manoj Misra, J. - (1.) Heard learned counsel for the applicant and Sri Rajesh Srivastava for the caveator-respondents.
(2.) By this delay condonation application, the applicant has prayed for condonation of 46 days delay in filing the S.C.C. revision under Section 25 of Provincial Small Cause Courts Act (hereinafter referred to as the Act) against the order dated 19.02.2016 passed by Additional District Judge, Court No.16, Kanpur Nagar, in SCC Suit No.61 of 2011.
(3.) The contention of learned counsel for the revisionist is that the office has reported the revision to be beyond time by 45 days by taking the period of limitation for filing the revision as 30 days though the period of limitation for filing revision before the High Court is 90 days. It has been submitted that whether period of limitation to file revision before the High Court is 30 days or 90 days, when a revision is preferred under section 25 of the Act, is under consideration by a Larger Bench of this Court. It has been submitted that in the case of Uday Bhan Gupta the Apex Court without conclusively deciding the issue has observed that limitation period for filing a revision before the High Court under Section 25 of the Act would be 90 days. It has been submitted that in view of conflicting views there has been some delay in filing the revision which may be condoned.;