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2010 (8) TMI 465 - SC - Indian LawsAppeal and application – Limitation - petitioner filed an application under Section 5 of the Limitation Act for condonation, delay in filing the application which was dismissed by the Rent Controller - Rent Controller had not been conferred with power under Order 9 Rule 13 C.P.C. to recall an ex parte order - Rent Controller being a creature of statute can only act in terms of the powers vested in him by statute and cannot, therefore, entertain an application under Section 5 of the Limitation Act for condonation of delay since the statute does not vest him with such power - In such case, neither the Rent Controller nor the High Court had committed any error of law in rejecting the Petitioner's application for seeking leave to contest the suit, since the same had been filed beyond the period prescribed in the form in Schedule II of the Act referred to in Section 18-A(2) thereof.
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