ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Fair and Decretal Order dated 08.12.2022 passed in I.A. No. 5 of 2022 in RLTOP No. 1 of 2022 on the file of the District Munsif Court, Rasipuram and allow the Revision Petition.

1. The Civil Revision Petition is filed to set aside the Fair and Decretal Order dated 08.12.2022, passed in I.A. No. 5 of 2022, in RLTOP No. 1 of 2022. The revision petitioner is the tenant and the respondent/landlord instituted RLTOP No. 1 of 2022 for eviction on the ground of owner's occupation.

2. During the pendency of the RLTOP, the revision petitioner/tenant filed an Interlocutory Application under Order VIII Rule 3 of CPC seeking permission to file additional documents. The said Interlocutory Application was adjudicated by the Rent Court and the petition was dismissed on the ground that the trial was commenced and the petitioner side witnesses were examined and closed.

3. When the petition was posted for the examination of witnesses of the side of the respondent, the Interlocutory Application was filed under Order VIII Rule 3. On the said ground, the petition was dismissed. Thus, the petitioner has chosen to file the present Civil Revision Petition.

4. The question arises, whether the Interlocutory Application under Order VIII Rule 3 is maintainable in RLTOP proceedings, which is instituted under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017. Section 36 (1) of the Tamil Nadu Act 42 of 2017 enumerates that “Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the Procedure laid down by the Code of Civil Procedure 1908, but shall be guided by the principles of Natural Justice and shall have power to regulate their own procedure and the Rent Court shall follow the procedures as contemplated under the Sub-sections 1 to 6 to Section 36.” Thus, no Interlocutory Application filed under the Code of Civil Procedure is entertainable in RLTOP proceedings initiated under Tamil Nadu Act 42 of 2017. It is a summery proceedings and the Rent Court and the Rent Tribunal are empowered to regulate its own procedures in compliance with the rules of Natural Justice. Thus, the parties cannot make an attempt to prolong and protract the proceedings by filing Interlocutory Applications under the Code of Civil Procedures.

5. Section 36(2) stipulates that “in every case, before the Rent Court and the Rent Tribunal, the evidence of a witness shall be given by affidavit. However, the Rent Court and the Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or cross examination of such a witness.” Therefore, the examination of witnesses if necessary can be done and it is not mandatory. The proceedings contemplated being summary in nature, the Rent Court and the Rent Tribunals are expected to dispose of the cases within the time limit prescribed under Section 36(6) of the Act. No party shall be allowed to drag on the proceedings by filing unnecessary Interlocutory Applications under the CPC or even under the Act. Such Interlocutory Applications, if filed, cannot be entertained and the Rent Court is expected to proceed with the case only in compliance with the rules of Natural Justice.

6. Any attempt by any party to the litigation to prolong and protract the litigation are to be thwarted by the Rent Courts and Rent Tribunals, since the procedures under the Code of Civil Procedure are dispensed with under Section 36 of the Act. The rules of natural justice is to be adopted for the purpose of providing opportunity to all the parties to establish and defend their respective cases. Under the guise of the principles of natural justice, no one be allowed to frustrate the proceedings or to increase