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1985 Supreme(Kar) 34

N.VENKATACHALA
RAZACK S. A. – Appellant
Versus
S. KUPPASWAMIPILLAI – Respondent


Advocates:
C.GOWRI SHANKAR

VENKATARHALA, J.

( 1 ) WHEN a revision petition under Section 50 (1) of the Karnataka Rent Control act, 1961 ("the Act"), is presented to the High Court, against a legal representative of a party to an eviction petition, in the Court below, who had died subsequent to the making of the order questioned in that revision petition, is a separate application for bringing the legal representatives of the deceased party in the r vision petition, necessary, as required by the Office of the High court.

( 2 ) SECTION 51 of the Act, which bears on the point, reads :"51. Proceedings by or against legal reprtsentative - (1) Any application made, appeal preferred, or proceeding taken under this Act by or against any person, may, in the event of his death, be continued by or against his legal representative. (2) Where any application, appeal or other proceeding would have been made, preferred or taken under this act by or against any person such application, appeal or other proceeding may in the event of his death, be made preferred or taken by or against his legal representatives. "

( 3 ) SUB-SECTION (1) of Section 51 of the Act provides for continuation of a pending application, appeal or other





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