11.06.2024                                      RP/49/2023

O R D E R

                    BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    Learned counsel for RP Petitioner present. This is a petition filed U/s.47(1)(b) of 2019 by the OP/Petitioner to revise the order dtd.25.08.2023 passed in CC/709/2021 by  Belagaum District Commission.

2. The Commission examined grounds of revision; papers enclosed to the petition and heard the learned counsel for Revision Petitioner.

3. Learned counsel submits that Hon’ble Apex Court in MA/21/2022, MA/665/2021 and connected miscellaneous petitions, held in para 5.III :

In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022 notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.

However on going through the order sheet proceedings, the Revision petitioner herein as OP on 03.03.2022 has filed written version along with IA U/o 8 Rule 1 R/w Sec.151 of CPC at the stage of recording evidence of Complainant and the District Commission held such application could not be accepted as written version filed by OP is beyond the period of limitation which in our view is not correct, in view of the judgment of Hon’ble Apex Court cited supra. In such view of the matter, it would be just and proper to permit Revision Petitioner/OP to file version in CC/709/2021 as on 03.03.2022. Hence proceed to allow the RP and directed District Commission to record written version submitted by OP as on 03.03.2022 and to proceed with the enquiry in accordance with law affording opportunity to both parties to adduce evidence.

4. Notify copy of this Order to the District Commission and parties.

                 LM                                           JM               

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