JACOB CHERIYAN Vs. THANKAMANI JACOB

JUDGEMENT

(1.) C.M.P.No.2454 of 1994 is to implead the legal representatives of the deceased 1st petitioner in the C.R.P. and C.M.P.No.1087 of 1994 is to implead the legal representatives of deceased 3rd respondent in the C.R.P.

(2.) Both these petitions have been filed after expiry of 15 days and, therefore, the respondents contend that these petitions are time barred. Counsel for the respondents submits that under R.10 of the Kerala Buildings (Lease and Rent Control) Rules, 1979 every application for impleading the legal representative, or, the legal heirs of a deceased person, shall be preferred within 15 days from the date of the death of the person concerned. Therefore, it is contended that both these petitions are time barred.

(3.) We heard petitioners' counsel and counsel for the respondents. Petitioners' counsel on the other hand contends that this is a civil revision petition pending before the High Court and, therefore, the application for impleading the legal heirs of the deceased person could be filed under R.44 of the Rules of the High Court of Kerala and the period prescribed thereunder is 90 days. R.44 of the High Court of Kerala reads as follows: