JUDGEMENT
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(1.) This revision petition is directed against the order of the learned District Judge, Ludhiana, dated February 28, 1977 refusing to extend the time to deposit the monthly rent of the demised premises.
In proceedings under section 13 of the East Punjab Urban Rent Restriction Act, 1949, instituted by the respondent, an order of ejectment was passed against the petitioner by the Rent Controller. On appeal, the learned District Judge, stayed the eviction of the petitioner on the condition that it would deposit arrears of rent and continue to deposit monthly rent. The petitioner deposited the arrears of rent but failed to comply with the other direction. After five months, it deposited the rent for those five months and another 7 months, in advance, and made the present application for extension of time on the ground that the lapse on its part was inadvertent. The application wa rejected learned District Judge on the ground that the Court had no right to review its previous order. Reliance for this was placed on Pitman's Shorthand Academy v. Messers B. Lila Ram and Sons. (1) I am afraid, the approach of the learned District Judge was wholly erroneous as no review of the previous order of the Court was involved and the provisions of section 148, Code of Civil Procedure, specifically authorise the Court to extend the time. The impugned order, therefore, amounts to refusal to exercise jurisdiction and is thus amendable to the revisional jurisdiction of this Court.
From the facts stated above, it is evident that there was no intentional lapse on the part of the tenant to comply with the order of the court within the time prescribed and the moment it was alive to the direction of the Court regarding the deposit of future rent, it not only deposited the rent of the past five months but also made advance deposit of rent for the next seven months.
In view of these circumstances, it is fit case for exercising the discretion vested in the High Court under section 148, Code of Civil Procedure, in favour of the petitioner. Consequently, this petition is allowed and the time for payment of rent is extended as prayed. No order as to costs.;
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