NATHOORAM KAPOOR Vs. E HARBANSILAL TULI

JUDGEMENT

(1.) These two petitions are filed to bring on record the legal representatives of the respondent. The respondent died on 29-12-1980. The learned counsel for the respondent sent a letter dated 8-6-1981 to the learned counsel for the petitioner informing the date of death of the respondent. It is stated by the petitioner that the said letter was received on 9-6-1981 and as he was away from Hyderabad from 1-6-1981 on pilgrimage where he had an heart attack and was brought to New Delhi for treatment and returned to Hyderabad on 6-9-1981 and on the next day immediately, this petition was filed in 7-9-1981. Stating the above facts, the petitions are filed to bring on record the legal representatives in the two C. R. Ps. These petitions are resisted by the respondent on the ground that there is a delay of 280 days in filing the applications, as calculated for the purpose of limitation under Rule 19 of the A. P. Buildings (Lease, Rent and Eviction) Control Rules and even if the delay is calculated from the date of the knowledge, still, there is a delay of 91 days and the petitioner has not chosen to explain the delay. The allegations regarding the pilgrimage of the petitioner and heart attack were also denied.

(2.) The learned counsel for the petitioner contended that no limitation is prescribed under the A. P. Buildings (Lease, Rent and Eviction) Control Act or the Rules made thereunder for bringing on record the legal representatives in Revision Petitions and as such, the question of abatement or delay in filing the application does not arise. It is further contended that in the event of applicability of provisions of C. P. C. Order 22, C. P. C does not apply to Revisions. The learned counsel for the respondent contended that under Rule 19 of the Rules, the period of 30 days only is prescribed and the petition filed beyond 30 days cannot be entertained and Order 22, Rule 11, C. P. C. takes in the proceedings under revisions also and in any even sufficient cause is not made out for the delay in filing the application after the notice is given regarding the death of the respondent.

(3.) The petition for bringing on record legal representatives which appeared to be within small confines has latent wide dimensions and the learned counsel on either side focused upon all possible facets touching the issue. As the centre gravity is upon Rule 19 of the A. P. Buildings (Lease, Rent and Eviction) Control Rules 1961, it is necessary to extract the same.