M A KRISHNASWAMY Vs. DEVAKI

JUDGEMENT

(1.) C.M.P No. 4140 of 1990 prays to bring on record the wife and children of the deceased petitioner-tenant in this C.R.P. as his legal representatives.

(2.) THE C.R.P. is under the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter referred to as ?the Act?, and the deceased petitioner therein died on 4-6-1988. But, this C.M.P. has been filed only on 2-9-1988.

(3.) BUT, the learned counsel for the petitioner pointed out that under the abovesaid R. 30 of the Karnataka Rent Control Rules, it is specifically provided that O. 22 of the Code of Civil Procedure should be followed and that in the corresponding R. 25 of the Tamil Nadu Rent Control Rules, there is no such stipulation added and that hence the provisions of O. 22, could not be applied in this revision petition. BUT though the statutory Rule viz., R. 25, does not specifically say that O. 22, C.P.C. should be followed, this Court had held as stated above in Krishnamoorthy v. Jagat Textiles 3 , referred to above, which was approved by the Division Bench of this Court in Arya Vaisya Samajam v. Murugesa Mudaliar 1 referred to above that C.P.C. is applicable to the revision petition before this Court under the Tamil Nadu Rent Control Act. So. O. 22, C.P.C. is certainly applicable to this revision proceeding also.