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2009 Supreme(Ker) 108

C.K.ABDUL REHIM, C.KURIAKOSE
P. M. Parthakumar – Appellant
Versus
Venugopalan – Respondent


Advocates Appeared:
For the Petitioner:K.P. Dandapani, Senior Advocate, Millu Dandapani, Advocate.

Judgment:

Pius C. Kuriakose, J.

The challenge in this writ petition, filed by the respondent in Rent Control petition No.67/95 of the Rent Control Court, Kozhikode, is against Exts.P7, P8 and P9 orders passed by that Court. Under Ext.P7 order the Rent Control Court has allowed an application to reopen the case which stood posted for hearing/judgment. Under Ext.P8 the Court has allowed an application under Order 11 Rule 14 of the Code of Civil Procedure and directed the petitioner to produce certain documents which were sought to be produced. Under Ext.P9 order the Rent Control Court has allowed an application filed by the respondents invoking Section 151 and order 11 Rule 1 of the Code of Code of Civil Procedure and permitted the respondents to serve a few interrogatories to be answered by the petitioner.

2. We heard the submissions of Sri. K.P. Dandapani, learned senior counsel for the petitioner. Learned senior counsel would argue that the Rent Control Court has no power to permit service of interrogatories by a party on his adversary. Referring to Section 23 of the Act 2 of 1965, the learned Senior Counsel submitted that the Rent Control Court cannot assume powers given to the re














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