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2011 DIGILAW 232 (RAJ)

Sarvodaya Steel Products v. Poonam Chand Pagariya

2011-02-01

GOPAL KRISHAN VYAS

body2011
JUDGMENT Hon'ble VYAS, J.—Heard learned counsel for the petitioners. 2. It is submitted by learned counsel for the petitioners that the petitioner firm is non-applicant in the rent application filed by respondent No.1 Poonam Chand Pagaria. In the proceedings after filing reply and rejoinder, the matter was fixed for framing issues on 14.05.2010. On that date, issues were framed and, thereafter, the matter was fixed for final arguments on 03.08.2010. On that date, the Presiding Officer was on leave, therefore, the matter was adjourned to 14.09.2010. Thereafter, on various occasions, either the Presiding Officer was not present or, for another reason, the matter was not heard finally. 3. While showing the order-sheets, it is submitted that an application for cross-examination upon the affidavit filed by the applicant was filed on 02.12.2010. Said application was also not decided on 16.12.2010 or 04.01.2011; and, now, the said application filed by the petitioner for cross-examination upon affidavit filed by the applicant was rejected vide order dated 12.01.2011 upon cost of Rs.500/-. 4. Learned counsel for the petitioners submits that as per judgment of the Division Bench of this Court reported in RLW 2005(2) Raj. 1281, Aasandas vs. State of Rajasthan & Others; and, RLW 2007(4) Raj. 3427, Ramswaroop vs. Charanjeet Singh & Others, the non-applicant petitioners are entitled to get an opportunity of cross-examination upon the affidavit filed by the applicant-respondent. 5. After taking into consideration certified copies of order-sheets, so also, judgments of the Division Bench and prayer made by the petitioners that only one chance for cross-examining the applicant upon the affidavit filed by him may be granted and, thereafter, the trial Court may be directed to proceed in the matter, in the totality of facts and circumstances, I deem it just and proper to quash order impugned dated 12.01.2011 and grant opportunity to the petitioners to cross-examine upon the affidavit filed by applicant Poonam Chand Pagaria on February 11, 2011. On that date, learned trial Court is directed to grant opportunity to the petitioners to cross-examine upon the affidavit filed by the applicant and, therefore, proceed in the matter. Ordered accordingly. 6. It is also clarified that if for any reason the petitioners do not cross-examine applicant Poonam Chand Pagaria, then, the trial Court shall be at liberty to proceed in the matter. 7. With aforesaid direction, this writ petition is disposed of.