Section 35 of Real Estate (Regulation and Development) Act, 2016 clearly enumerates the provisions of CPC that are applicable to the proceedings before RERA | As per the principles of expressio unius, all other provisions of CPC are excluded from applying to the proceedings before the RERA – Sumit Khanna and Anr. Vs. Kanchan Sunil Adani and Ors. – Himachal Pradesh High Court

Hon’ble Himachal Pradesh High Court referring sub-section (2) of Section 35 of the Real Estate (Regulation and Development) Act, 2016 held that according to the principles of expressio unius, it can conveniently be held that vide the expressio unius principle, the RERA clearly enumerates the provisions of CPC that are applicable to the proceedings before it and on the same principle, the Legislature is, therefore, deemed to have intentionally excluded all other provisions of CPC from applying to the proceedings before the RERA.

Section 35 of Real Estate (Regulation and Development) Act, 2016 clearly enumerates the provisions of CPC that are applicable to the proceedings before RERA | As per the principles of expressio unius, all other provisions of CPC are excluded from applying to the proceedings before the RERA – Sumit Khanna and Anr. Vs. Kanchan Sunil Adani and Ors. – Himachal Pradesh High Court Read Post »