GANDHI DAS Vs. A MOHAMED ILIYAS

JUDGEMENT

(1.) This Revision has been filed against the order, dated 19.12.2009, passed by the Principal District Judge, Puducherry in I.A.No.12/2009 in R.C.A.No.3/2009, filed by the petitioner to dismiss the appeal at a preliminary stage.

(2.) Heard the submissions of Mr.P.Rajkumar, learned counsel for the petitioner and Mr.C. Ravichandran for the first respondent.

(3.) The learned counsel for the petitioner, in his arguments, would submit that the lower Court has failed to see that the appeal preferred by the first respondent in R.C.A.No.3 of 2009 was not maintainable while the second respondent was not alive. He would further submit that the lower Court had not given an opportunity to cross-examine the newly impleaded party before the lower Court on the affidavit filed by first respondent. He would also submit that in an earlier occasion, this Court had passed an Order in C.R.P (PD) No.63 of 2006 that the matter should have been decided purely on evidence and not influenced by the findings reached in the said Civil Revision Petition and the said instruction was not followed by the Rent Controller and therefore, the appeal itself is not sustainable. He would further submit in his arguments that the said appeal is therefore liable to be dismissed at the preliminary stage itself when there is no locus standi for proceeding the appeal against the correct person. Therefore, he would request this Court to interfere with the order passed by the lower Court and to allow the revision and consequently to allow the application in I.A.No.12 of 2009 in R.C.A.No.3 of 2009.