RANJITSINGH Vs. KALU

JUDGEMENT

(1.) THIS is an application under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, No. IX of 1949, against an order of the S. D. O., Amber who dismissed the application presented to him under sec. 7 of the Ordinance in default and later restored it.

(2.) IT is against the order of restoration that this revision petition has been filed. It is urged on behalf of the petitioner that no provision has been made in the Ordinance for restoration of applications once dismissed. The procedure laid down in the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, No. I, of 1951 did not apply to proceedings under the Ordinance which was a self -contained Act and hence the S. D. O. could not restore the application dismissed in default.

(3.) THE reply of the non -petitioner is that the Ordinance does not provide for procedural matters and the general law and rules applicable to suits and applications would apply. The application under sec. 7 of the Ordinance was an application of an original nature and the procedure laid down for suits would apply to such applications according to sec. 145 of the C. P. C. .