LAW FOR ALL

Revision powers in rent control cases = (1) What is the scope and ambit of the power of revision under section 34(4) of the Maharashtra Rent Control Act, 1999 ? (2) Whether a revision application under section 34(4) of the Maharashtra Rent Control Act, 1999 would be maintainable in respect of a procedural order passed under the Code of Civil Procedure in a suit arising out of the Maharashtra Rent Control Act ?= For an order to be revisable under section 34(4) of the Maharashtra Rent Control Act, the order must affect the very existence of the suit or the foundation of the party's case in their pleadings and not merely a procedural order, not affecting the substantive rights of parties, though such procedural order may ultimately affect the strength or weakness of the case of the aggrieved litigant which is to be finally determined at the trial while passing the decree in the suit or final order in the proceeding.= Following are instances of revisable orders. (i) an order refusing leave to amend the plaint or written statement, where the proposed amendment is for assertion of rights or liabilities under the Rent Act or any other substantive law (ii) an order rejecting an application for restoration of the suit under Order 9 Rule 4 of the CPC (iii) an order allowing or rejecting an application for a declaration that the suit has abated (iv) an order refusing to extend the time for filing a written statement (v) an order for deleting an issue pertaining to rights or liabilities under the Rent Act, or any other substantive law This list is illustrative and not exhaustive.- Following are instances of orders which would not be revisable orders:- (i) an order granting leave to amend plaint or written statement (ii) an order granting extension of time to file written statement (iii) an order raising additional issue (iv) an order made for production of documents or discovery or inspection. (v) an order directing a plaintiff/defendant to furnish better and further particulars (vi) an order issuing or refusing to issue a commission for examination of witnesses (vii) an order issuing or refusing to issue summons for additional witness or document (viii) an order condoning delay in filing documents, after the first date of hearing. (ix) an order of costs to one of the parties for its default (x) an order granting or refusing an adjournment (xi) an order allowing an application for restoration of the suit under Order 9 Rule 4 of CPC This list is also illustrative and not exhaustive. 88. As regards question No.1 about scope and ambit of power of revision under Section 34(4) of the Maharashtra Rent Control Act, 1999, our answer is that after the revisional Court is satisfied about maintainability of the revision application, the revisional Court will consider whether the impugned order is according to law. However, “according to law” refers to the order as a whole, and is not to be equated to errors of law or of fact simpliciter. It refers to the overall order, which must be according to law, which it would not be , if there is a miscarriage of justice due to mistake of law. = As a general rule where substantial justice has been done by order of the lower Court, the revisional Court will not interfere with it notwithstanding the fact that the reasons for the order are not correct or the order is improper or irregular.