IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.2036 of 2004. Shankar Lal son of Shri Budha Ram VERSUS Prabhu Dayal son of Shri Rameshwar Lal & Another Date Of Order ::: 07/03/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. Sanjay Kumar Sharma, Counsel for the petitioner By the Court : Heard learned counsel for the petitioner. This writ petition on behalf of the defendants is directed against the impugned order dated 17.02.2004 passed by the Additional Civil Judge (J.D.) No.2 Sikar, whereby the application under Section 13 (5) of the Rajasthan Premises (Control of Rent & Eviction) Act filed by the plaintiff was allowed and the defence of the defendant/petitioner was struck off. The trial Court has observed that there is a delay of 11-days in depositing the determined amount and further the defendant committed default in making the payment of monthly rent for the month of March, 2002 and April, 2002 to June, 2002. Learned counsel for the petitioner does not dispute the delay in making the payment of provisional determined rent and monthly rent, as mentioned in the order of the trial court. The Hon'ble Supreme Court in the case of Nasiruddin and Others Vs. Sita Ram Agarwal, reported in AIR 2003 S.C. Page 1543 has held that the provisions of Section 5 of the Limitation Act are not applicable in respect of provisions relating to the Rajasthan Premises (Control of Rent & Eviction) Act, therefore, the delay in depositing the amount of monthly rent or determined rent cannot be condoned. I do not find any merit in the writ petition and the same is accordingly dismissed. (Narendra Kumar Jain) J. ashok/