JUDGMENT :

A.M. SHAFFIQUE, J.

1. The correctness of judgment in Ratheesh vs. A.M. Chacko and Another, 2018 (5) KHC 35, has been referred for consideration before us.

2. In Ratheesh’s case (supra), a Division Bench of this Court held that S.5 of the Limitation Act, 1963, is not applicable to proceedings before the Rent Control Court under the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the ‘Rent Control Act’).

3. In the reference order Faisal vs. Vikas Chacko, 2019 (3) KLT 760, the Division Bench doubted the correctness of Ratheesh’s case (supra) and opined that the same needs a deeper scrutiny and accordingly, the matter was placed before us for consideration.

4. We have heard the learned counsel appearing on either side. The controversy had arisen when applications were filed before the Rent Control Court to set aside ex-parte orders, after the period of limitation specified under the Kerala Buildings (Lease and Rent Control) Rules, 1979 (hereinafter referred as the ‘1979 Rules’). As per Section 23(1)(h) of the Act, the Rent Control Court is vested with all the powers of a Court under the Code of Civil Procedure, 1908 while trying a suit in respect o