9911796707
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Issues:
1. Revision against order of dismissal under Section 5 of the Limitation Act. 2. Conversion of appeal into revision. 3. Condonation of delay in filing appeal. 4. Consideration of documentary evidence. 5. Revisional jurisdiction limitations. 6. Jurisdictional error in decision-making. 7. Failure to establish sufficient grounds for condoning delay. 8. Principles for exercising revisional jurisdiction. 9. Finding of fact on condonation of delay. 10. Rejection of application under Section 5 of the Limitation Act. Analysis: 1. The defendant-petitioner filed a revision against the order of dismissal under Section 5 of the Limitation Act by the District and Sessions Judge. Initially, an appeal was filed, but the Court allowed conversion to a revision petition due to procedural issues. 2. The suit for eviction and arrears of rent was decreed by the Munsif, leading to an appeal by the defendants beyond the limitation period. The application for condonation of delay was dismissed by the District Judge, citing lack of sufficient cause for the delay in filing the appeal. 3. The petitioner presented documentary evidence, including medical records, to prove his illness and the subsequent steps taken to file the appeal promptly upon returning from the hospital. However, the District Judge did not consider this evidence adequately, leading to the dismissal of the condonation application. 4. The petitioner's counsel argued that the failure of the co-appellant to file a similar application should not affect the petitioner's case. Still, the District Judge's decision was upheld based on the petitioner's failure to provide a reasonable explanation for the delay in filing the appeal. 5. The revisional jurisdiction of the Court was limited to reviewing if the lower court had acted illegally or with material irregularity. The Court could not interfere with the findings of fact unless a jurisdictional error was evident. 6. The petitioner's admission to the hospital before the decree was passed raised questions about the delay in instructing the advocate for filing the appeal. The Court found that the petitioner could have utilized communication facilities to give instructions even during his hospitalization. 7. The Court concluded that the District Judge did not err in rejecting the condonation application as the petitioner failed to offer sufficient and reasonable grounds for the delay in filing the appeal within the limitation period. 8. Citing legal precedents, the Court emphasized that interference in revision could only occur if the lower court had acted illegally or with material irregularity. The principles for exercising revisional jurisdiction were outlined to guide the decision-making process. 9. The Court referenced previous cases where findings of fact regarding the condonation of delay were upheld, emphasizing the importance of establishing sufficient grounds for such requests. 10. Ultimately, the petition was dismissed as lacking merit, with the Court affirming the District Judge's decision not to condone the delay in filing the appeal under Section 5 of the Limitation Act.
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