Joseph Cherian and Others vs Thankamani Jacob and Others

K.G. Balakrishnan, J.—C.M.P. No. 2454 of 1994 is to implead the legal representatives of the deceased 1st Petitioner in the C.R.P. and C.M.P. No. 1087 of 1994 is to implead the legal representatives of deceased 3rd Respondent in the C.R.P.

Both these petitions have been filed after expiry of 15 days and, therefore, the Respondents contend that these petitions are time barred. Counsel for the Respondents submits that under Rule 10 of the Kerala Buildings (Lease and Rent Control) Rules, 1979 every application for impleading the legal representative, or, the legal heirs of a deceased person, shall be preferred within 15 days from the date of the death of the person concerned. Therefore, it is contended that both these petitions are time barred.

We heard Petitioners'' Counsel and Counsel for the Respondents. Petitioners'' Counsel on the other hand contends that this is a civil revision petition pending before the High Court and, therefore, the application for impleading the legal heirs of the deceased person could be filed under Rule 44 of the Rules of High Court of Kerala and the peripd prescribed thereunder is 90 days. Rule 44 of the High Court of Kerala reads as follows:

Revision Petitions.- Where no period of limitation is prescribed by any other law, a revision petition shall be presented within 90 days of the order complained of. The provisions of Sections 5 and 12 of the Limitation Act, 1963 shall apply to such petitions.

We do not think that the above provision has any application to these petitions. First of all, Rule 44 says regarding the time for filing revision petition and not the application for impleading legal heirs of any deceased party or any such matters. Secondly, Rule 44 is applicable only in a case where no period of limitation is prescribed by any other law. The rule prescribed under the Kerala Buildings (Lease and Rent Control) Rules is to be construed as a law prescribing the period of limitation. We are of the opinion that Rule 10 of the Buildings (Lease, and Rent Control) Rules is the governing law for the purpose of impleading legal heirs of the deceased party even in a revision filed under Act 2 of 1965. It may be noticed that a Division Bench of this Court in Pankajakshi Amma v. Sarojam 1993 (2) KLT 313 held that even in an application filed under Rule 10 of the Buildings (Lease and Rent Control) Rules Section 5 of the Limitation Act would apply.

Counsel for the Petitioners made a plea that in case we find that Rule 10 of the Buildings (Lease and Rent Control) Rules is applicable Petitioners may be given opportunity to file application to condone the delay in filing the impleading applications.

Under the above circumstances, we direct the Petitioners, if so advised, to file application to condone the delay in filing the impleading applications.