MOHIT S.SHAH, R.V.MORE, N.M.JAMDAR
Bhartiben Shah – Appellant
Versus
Gracy Thomas – Respondent
Mohit S. Shah, C.J.
1. The following questions have been referred for our opinion:
(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 ?
2. For giving answers to the above questions, we propose to proceed in the following manner:
FACTS
3. Writ Petition No.9562 of 2010 challenges the judgment and order dated 29 September 2010 passed by the Small Causes Court, Bombay rejecting application of the petitioner-plaintiff for amendment of the plaint by addition of a party. A preliminary objection was raised on behalf of the respondent-defendants at the hearing of the writ petition against maintainability of the writ petition under Article 227 of the Constitution of India on the ground that the petitioner had an adequate and efficacious alternative remedy available by way of revision under section 34(4) of the Maharashtra Rent Control Act, 1999 (for brevity “New R
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