MANGALDAS NENUMAL Vs. HASUMATI JASHWANTRAI

JUDGEMENT

(1.) A tenant whose Civil Revision Application No. 1 of 1979 against the order dated 21/11/1978 passed by the trial Court in Civil Miscellaneous Application No. 15 of 1977 dismissing the fresh application for fixation of the standard rent was dismissed by the District Judge Junagadh by his order dated 4/07/1981 holding that the said fresh application was not maintainable has come in revision before this Court raising an interesting contention namely

(2.) Chapter IV-A of the Bombay Rents Hotel and Lodging House Rates Control Rules 1948 (hereinafter referred to as the Bombay Rent Control Rules) provides for the procedure to be followed by a Court of Small Causes established under the Provincial Small Cause Courts Act 1887 in suits proceedings etc. Rule 9-A thereof provides as under:

(3.) Thus as per Chapter IV-A of the Bombay Rent Control Rules a Court of Small Causes established under the provincial Small Cause Courts Act 1887 has to follow as far as may be and with necessary modifications the procedure applicable to suits or Proceedings referred to in Rule 9-A as if such applications were suits of the description referred to therein. As per Rule 9-A a Court of Small Causes established under the Provincial Small Cause Courts Act 1887 has to follow the practice and procedure provided for the time being by or under the Provincial Small Cause Courts Act 1887 Turning to sec. 17 of the Provincial Small Cause Courts Act 1887 one finds that the procedure prescribed in the Code of Civil Procedure 1908 shall save in so far as is otherwise provided by that Code or by this Act be the procedure followed in a court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits. In order L of the Civil Procedure Code order 1X is not shown as one of the provisions not applicable to the Court of Small Causes. The aforesaid provisions therefore provide that order IX Rule 8 of the Civil Procedure Code applies to applications for fixation of standard rent as the same relates to the procedure to be applied to such applications.