Prakash Krishna, J. - (1.) HEARD learned Counsel for the parties. Feeling aggrieved by the order dated 6th March, 1998 passed by XIIth Additional District Judge, Kanpur Nagar, the present writ petition has been filed.
(2.) BY the impugned order the Court below has refused to condonation of delay of 198 days in filing the revision under section 18 of U.P. Act No. 13 of 1972. It is not in dispute that the petitioner was a co -tenant of the shop situate on the ground floor of premises No. 75/25, Masalawali Gali, Sabzimandi Kanpur Nagar of which Smt. Shyama Devi, respondent No. 3 is the landlady. An application for declaration of vacancy of the said shop and its allotment was filed by respondent No. 4, Mahesh Mishra. Notices were issued to the petitioner. The petitioner did not turn up in response to the notice. Consequently, an order declaring vacancy of the disputed shop was passed. Ultimately the said shop was allotted in favour of respondent No. 4. The petitioner preferred a revision against the order, ordering delivery of possession before the Court below with an application under section 5 of the Limitation Act for condonation of delay of 198 days in its filing. The said application has been ejected by the impugned order on the finding that attempts were made by the prescribed authority to serve the petitioner through process server, by registered post as well as by publication in a newspaper namely "Rashtriya Sahara".
(3.) HEARD S.C. Verma, learned Counsel for the petitioner and Sri A.N. Sinha, learned Counsel appearing for the opposite party.;