Surya Prakash Kesarwani, J. - (1.) Heard Sri Saurabh Srivastava, learned counsel for the defendant-tenant/revisionist.
(2.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1988 has been filed praying to set aside the order dated 23.10.2017 in SCC Suit No. 231/2012 (Saroj Arya & Others Vs. Shyam Behari Mishra Memorial Charitable Trust) passed by Additional District Judge, Court No. 8, Kanpur Nagar.
(3.) The revision has been filed beyond limitation by 79 days along with a delay condonation application. In the affidavit accompanying the delay condonation application, the cause for delay in filing the revision has been stated in Paragraph No. 4, 5 & 6 as under: "4. That accordingly the certified copy of the impugned order dated 23.10.2017, certified copy of the formal order was applied immediately, however due to inadvertent the certified copy of the formal order got lost by the clerk of the counsel of the defendant-revisionist before the Civil Court. 5. That it is also noteworthy to submit at this juncture that the wife of Shri Alok Mishra, Chief Trusty of the defendant-revisionist was contesting the election of Mayor at Kanpur Nagar and under the circumstances the Chief Trusty of the Trust was severely engaged in companying and other duties towards his wife. 6. That thereafter the request was made for the formal order then the same was again applied and the formal order was issued on 24.01.2018.";