GOPAL KRISHAN VYAS, J. - (1.) In this writ petition filed under Article 227 of the Constitution of India, the petitioners have prayed for quashing impugned order dated 3.10.2013 (Annex.-7) passed by the Rent Tribunal, Bhilwara whereby application filed under Order 1 Rule 10, C.P.C. by the respondent-applicant was allowed while following the principle of natural justice.
(2.) Learned Counsel for the petitioners submits that respondents No. 2 to 5 filed a petition under Sections 6 and 9 of the Rajasthan Rent Control Act, 2001 against one Kanhaiya Lal Rampuriya who died on 30.7.1992. The aforesaid application was filed on 9.3.2010 against late Kanhaiya Lal Rampuriya only. On 28.8.2010, another application was filed under Order 22 Rule 3, read with Section 151, C.P.C. in which reply was filed by the petitioners. Respondents No. 2 to 5 filed an application under Order 1 Rule 10, C.P.C. to substitute the names of the legal heirs of deceased Kanhaiya Lal Rampuriya in his place on 18.12.2012. The Rent Tribunal allowed the application filed by respondents No. 2 to 5 under Order 1 Rule 10, C.P.C. vide the impugned order.
(3.) Learned Counsel for the petitioner submits that the order passed by the Rent Tribunal is illegal, so also, contrary to law in view of the judgment rendered by the Bombay High Court, reported in 2003 AIHC 1975 (Bombay High Court), Smit. Jayalaxmi Janardhan Walawalkar and Others v. Lilachand Laxmichand Kapasi and Others, in which, it has been held that 90 days time to apply for bringing the legal representatives on record of deceased party to save the suit from abatement. If such an application is not made within time, an application has to be made for setting aside the abatement and if the party is able to show sufficient cause which prevented him from making the application in time, the Courts may pass appropriate order setting aside the abatement. But the specific provisions of Order 22 cannot be negated by indirectly making an application after lapse of time either under Section 151, C.P.C. or suo motu invocation of such power by the Court.;