(1) Save as provided in this section, nothing contained in the Code of Civil Procedure, 1908 shall apply to the Rent Courts and Rent Tribunals, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:––
(a) the landlord or the tenant may file an application or appeal before the Rent Court or, as the case may be, the Rent Tribunal accompanied by affidavit and documents, if any;
(b) the Rent Court or, as the case may be, the Rent Tribunal shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy to the opposite party;
(e) the Rent Court or, as the case may be, the Rent Tribunal shall fix a date of hearing and may hold such summary inquiry as it deems necessary.
(2) The Rent Court or, as the case may be, the Rent Tribunal shall Procedure to be followed in Rent Court and Rent Tribunal.
endeavor to dispose the case as expeditiously as possible, not exceeding a period of sixty days from the date of receipt of the application or appeal:
Provided that where any such application or, as the case may be, appeal could not be disposed of within the said period of sixty days, the Rent Court or the Rent Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
(3) In every application or appeal, before the Rent Court or the Rent Tribunal, the evidence of a witness shall be given by affidavit:
Provided that the Rent Court or, as the case may be, the Rent Tribunal may, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or crossexamination.
5 of 1908 (4) The provisions of the Code of Civil Procedure, 1908 regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Court or Rent Tribunal.
(5) Every application or appeal shall be in such form as may be prescribed.
(6) The Rent Authority or Rent Court or the Rent Tribunal as the case may be, shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost.
(7) Every application under clauses (a), (b), (e), (f) and (g) of subsection (2) of section 21 or under section 22 shall be decided within ninety days from the date of filing of such application in the Rent Court.
(8) The Rent Court shall decide every application filed under clause
(c) and (d) of sub-section (2) of section 21 within thirty days from the date of filing of such application.
5of 1908 36. (1) The Rent Court and the Rent Tribunal shall, for discharging their functions under this Regulation, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 for the purposes of,–
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
issuing commissions for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex-parte;
Powers of Rent Court and Rent Tribunal.
(g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Regulation without reference to any civil court;
(i) reviewing its orders and decisions;
(j) revision of orders and decisions of Rent Authority and Rent Court and;
(k)any other matter, which may be prescribed 45 of
1860.
2 of 1974
(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193and 228, and for the purpose of section 196, of the Indian Penal Code; and the Rent Court and the Rent Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,1973.
(3) For the purposes of holding any inquiry or discharging any duty under this Regulation, the Rent Court may,––
(a) after giving not less than twenty-four hours’ notice in writing, enter and inspect or authorize any officer, subordinate to it, to enter and inspect, any premises at any time between sunrise and sunset;
(b) by written order, require any person to produce for its inspection such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order.
(4) The Rent Court may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceeding before it.
(5) Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Court on an application received by it in this behalf from any of the parties or otherwise.
(6) The Rent Court may exercise the powers of a Judicial Magistrate of the first class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 and the Rent Court shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.
(7) An order made by a Rent Court or an order passed in appeal or revision, or review under this Chapter shall be executable by the Rent Court as a decree of a civil court and for this purpose, the Rent Court shall have the powers of a civil court.
(8) The Rent Court may set aside any order passed ex-parte if the aggrieved party files an application and satisfies it that notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing.
(9) Save as otherwise expressly provided in this Regulation, every order made by the Rent Court shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings.