GUNDERAO Vs. JAGNNATHASINGH

JUDGEMENT

(1.) This Revision Petition by the tenant is directed against the order of the Addl. District Judge, Gulbarga, dated 16-4-1982 made in Civil Misc. Petition No. 18 of 1982.

(2.) The Miscellaneous Petition was filed under Order 41 Rule 19 C. P. C. for restoration of the Civil Revision Petition-No. 36 of 1981. In Civil Revision Petition No. 36 of 1981, the order of the I Addl. Munsiff, J.M.F.C., Gulbarga, made in H.R.C. No. 41 of 1979 by which an order was passed against the respondent to deliver vacant possession of the schedule premises before 30-10-1981 was challenged before the Learned District Judge. The said Revision Petition was dismissed on 6-2-1982 for non-prosecution. Thereupon, the petitioner filed a Miscellaneous Petition for restoration under Order 41 Rule 19 C.P.C. This Miscellaneous Petition was dismissed by the Learned District Judge on the ground that the said Petition was not maintainable in law and he was of the opinion there is no provision for restoration of the Revision Petition filed under Section 50(2) of the Karnataka Rent Control Act. In that view, the Learned District Judge dismissed the Petition for restoration. This is challenged by Sri Joshi, Learned Counsel appearing for the petitioner, on the ground that the view taken by the Learned District Judge is erroneous. He submitted that the provisions of C.P.C. are made applicable by virtue of Rule 35 of the Rules framed under the Karnataka Rent Control Act and also submitted that order 9 C.P.C. also consequently becomes applicable in the matter of application for restoration as provided under Rule 35 of the Karnataka Rent Control Rules.

(3.) The proceedings before the Learned District Judge was a revision under the Rent Control Act. Section 141 C.P.C. provides that the procedure provided in the Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction. The view of the Learned District Judge, that a revision filed under Section 50(2) of the Rent Control Act is not an appeal and hence Order 41 Rule 19 does not become applicable to the proceedings before him is again erroneous.