Mahajan, J. - (1.) This petition for revision must succeed on the short ground that the order of the Appellate Authority is entirely without jurisdiction.
(2.) An application for eviction of the tenant was filed on the 7th of April, 1967, on a number of grounds. That Application was rejected by the Rent Controller. An appeal was taken to the Appellate Authority and a prayer was made to the Appellate Authority for permission to withdraw the application with liberty to file a fresh application. This prayer was granted. It is now well settled that the Rent Control Act is a complete Code and the Rent Controller and the Appellate Authority cannot go outside its provisions to arm themselves with the powers which a Court normally has under the Code of Civil Procedure. The provisions of the Code of Civil Procedure are only applicable to rent control proceedings to a very limited extent. Suffice it to say that the provisions of Order 23, Rule 1, Code of Civil Procedure have not been made applicable. In fact, it has been held that there is no power of remand with the Appellate Authority in the Rent Control proceedings. See inter alia the decision in Krishan Lal Seth Vs. Pritam Kumari, ILR 1962(1) Punjab 310. It follows a fortiori that there is no power with the Appellate Authority to permit withdrawal of the application for eviction. But undoubtedly, a party has the right to withdraw proceedings which it has filed that is a party can withdraw an appeal. The effect of that withdrawal is a matter which does not fall for determination in this Court. No authority has been cited for the proposition that the Appellate Authority can permit the withdrawal of the application under Sec. 13 of the East Punjab Urban Rent Restriction Act with liberty to file a fresh application.
(3.) For the reasons recorded above, I allow this petition, quash the order of the Appellate Authority and direct it to proceed further in accordance with law. The parties are directed to appear before the Appellate Authority on the 27th of Oct., 1969. There will be no order as to costs. Petition allowed.;