( 1) Where there are more applicants or respondents than one and any of them dies, the Rent Tribunal or the Appellate Board or the Controller of the Administrative Tribunal as the case may be shall cause an entry to that effect to be made on the record and the proceedings shall proceed at the instance of the surviving applicant or applicants or surviving respondent or respondents.
(2) Where one or two or more applicants died, the Rent Tribunal or the Appellate Board or the Controller or the Administrative Tribunal, as the case may be on an application made in that behalf within 60 days from the date of the death of the deceased applicant, shall cause the legal representatives of the deceased applicant to be made a party and shall proceed with the proceedings. Where within the time prescribed no application is made, the proceedings shall abate so far as the deceased applicant is concerned and on the application of the respondent the Rent Tribunal, or the Appellate Board or the Controller or the Administrative Tribunal, as the case may be, may award to him the costs which he may have incurred in defending proceedings to be recovered from the estate of the deceased applicant.
(3) Where one or two or more respondents dies, the Rent Tribunal, or the Appellate Board or the Controller or the Administrative Tribunal, as the case may be on an application made in that behalf, 2[within 60 days from the date of death of the deceased respondent] shall cause the legal representatives of the deceased respondent to be made a party and shall proceed with the proceedings. Any person so made a party may make any defence appropriate to his character as legal representative of the deceased respondent.
Where within the time prescribed no application is made, the proceedings shall abate as against the deceased respondent.
(4) Where a question arises as to whether any person is or is not the legal representative of a deceased applicant or a deceased respondent such question shall be determined by the Rent Tribunal or the Appellate Board or the Controller or the Administrative Tribunal as the case may be.
(5) Notwithstanding anything contained in the foregoing sub-rules there shall be no abatement by reason of death of either party between the conclusion of the hearing and the pronouncement of the judgement, but judgement in such case be pronounced notwithstanding the death and shall give the same force and effect as if it had been pronounced before the death took place.
(6) The marriage of a female applicant or respondent shall not cause the proceedings to abate but the proceeding may, notwithstanding be proceeded with to judgement and where the order is against a female respondent it may be executed against her alone.
(7) Where the proceeding abates or is dismissed under this rule, no fresh proceeding shall be brought under same cause of action. The applicant or the person claiming to be the legal representative of a deceased applicant may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing proceedings in the Rent Tribunal or the Appellate Board or the Controller or the Administrative Tribunal as the case may be, shall set aside the abatement or dismissal upon such terms as to cause or otherwise as it thinks fit. The provisions of Section 5 of the Limitation Act, 1963 shall apply to the application under this sub-rule.
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