Amendment status not verified — confirm the current text below against the official source.
(1) Save as provided in this section, nothing contained in the Code of Civil procedure, 1908 shall apply to the Rent Courts, which shall be guided by the principles of naturaljustice and shall have the power to :sgulate their own procedure in the follor/ing manner, namely: - (a) the landlord or the tenant may file an appeal before the Rent Court accompanied by affidavit and documents, if any; (b) the Rent Court shall then issue notice to the opposite party, accompanied by copies of application, affidavit and documents; (c) the opposite party shall file a reply accompanied by affidavit and documents, if any, afier serving a copy of the same to the applicant; (d) the parties may file rejoinders, if any, after serving the copy to the opposite partyi (e) the Rent Court shall fix a date of hearing and may hold such summary inquiry as it deems necessary The Rent Court, shall endeavor to dispose the case as expeditiously as possible but notexceeding a period of sixty days from the date of receipt of the application: Provided thatwhere any such appealcould not be disposed of within the said period of sixty days, the Rent Court shall record its reascns in writing for not disposing of the apptication within that perio(:. ln every application before the Rent Court, the evidence of a witness shall be given by affidavit: Provided that the Rent Court may, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross- examination. The provisions of the Code of Civil Procedure, 1908 regarding service of summons shali be applicable mutatis mutandistor service of notice by the Rent Court. Every application of appeal shall be in such form as may be prescribed. The Rent Court, shall not allow more than three adjoumments at the request of a party throughout the proceedings and in case of reasonabte and sufftcienl cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost. Every application of appeal under clauses (a), (b), (e), (f) and (g) of sub-section (2) of section 2'l or under section 22 shall be decided within ninety days ftom the date of faling of such application in the Rent Court. The Rent Court shall decide every application filed under ctauses (c) and (d) of sub-section (2) of section 2'l within thirtt days from the date of filing of such application. The Rent Court shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil procedure, 1908 for the purposes of, - 10 TheArunachal Pradesh Extraordi,tary Gazeite, November 15, 2022 TheArunachal Pradesh Extraordinary Gazette, November 15, 2022 11 (a) summonang and enforcing the attendance cf any person and examining him on oath; (b) (c) (d) (e) (f) (s) requiring the discovery and production ofdocuments; issuing commissions for examination of the witnesses or documents; issuing commission for local investigation; receiving evidence on affidavits; dismissing an application for default or deciding it ox-parfe; (2) (3) (4) (5) (5) (71 (8) (e) 37 (1) (2) (h) setting aside any order of dlsmissal of any application for default or any other order passed by it ex-parle; execution of its orders and decisions under thisActwithout reference to any civil court; (i) revision of orders and decisions of RentAuthority and; 0) any other matter, which may be prescribed. Any proceedings before the Rent Court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, ofthe lndian Penal Code; and the Rent Court shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Court, may, - (a) after giving not less than twenty-four hours' notice in writrng, enter and inspect or authorise any officer, subordinate to it, to enter and inspect, any premises at any time between sunrise and sunset; (b) by written order, require any person to produce for its inspection such books or documents relevant to the inquiry at such time and at such place as may be specified in the order. The Rent Court may, if it thinks fit, appoint one or more persons having special knowledge ofthe matter under consideration as an assessor or valuer to advise it in the proceeding before it. Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Court on an application received by it in this behalf from any of the parties or otheMise. The Rent Court may exercise the powers ofa Judicial Magistrate ofthe first class forthe recovery ofthe fine underthe provisions of the Code of Criminal Procedure, 1973 and the Rent Court shall be deemed to be a Magistrate under the said Code for the purposes ofsuch recovery An order made by a Rent Court under this Chapter shall be executable by the Rent Court as a decree ofa civil court and for this purpose; the Rent Court shall have the porvers ofa civil court. The Rent Court may set aside any order passed ex-parte if the aggrieved party files an application and satrsfies it that notice was not duly served or that he was prevented by any sufficient causefrom appearing when the case was taken up for hearing. Save as otherwise expressly provided in thisAct, every order made by the Rent Court shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings. Any person aggrieved by an order passed by the Rent Court, may prefer an appeal along with a certified copy of such order to the Rent Tribunal having jurisdiction within the local limits of which :he premises is situated, within a period of thirty days from the date of that order. The Rent Tribunal, upon flling an appeal under sub-section (1) shall serve notice, along with a copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a reasonable period from such date of seNice. Appeal to RentTribunal. 12 TheArunachal Pradesh Extraordinary Gazette, Novembe( 15,2022 (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents ar any stage of the proceedings in appeal: Provided that no such document shall be allowed morethan once during the hearing. (4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit. (5) While deciding the appeal, the Rent Tribunal may, after recordang reasons therefor, confirm, set aside or modify the order passed by a Rent Court. (6)